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Holidays on Maternity

Hi Everyone,

I wonder if you can help me. My baby is due on the 17th July and my work holiday year runs from Jan - Dec. We get 25 days holiday a year and I'm just wondering how many holidays I'll get if I'm planning on going on maternity leave in June? Ideally I'd like to tag a couple of weeks holiday before my maternity starts so that I can finish early. I'm just not sure if I'll be entitled to the full 25 days or half of that? How does it all work? I have looked in my company handbook and this is what is says:

"Contractual holiday entitlement will continue to accrue during the Ordinary Maternity Leave period. Holiday must normally be taken during the holiday year in which it is accrued and wherever possible entitlement up to the date of commencement of Ordinary Maternity Leave should be taken before maternity adsence commences. However maternity leave constitutes an exceptional circumstances and therefore holiday accrued whilst on Ordinary Maternity Leave or entitlement not taken prior to maternity leave may be carried forward to the following year with the consent of the employees."

I get the impression from this that I will be able to take 25 days before July?

I'd be really grateful if anyone had any help/ advice

Thanks! x

Replies

  • HI, how I understand it, is that you continue to accrue holiday whilst on mat leave as you are still considered as working. With this in mind you are entitled to the full 25 days holiday. The only way you would not be entitled to this would be if you handed your notice in, which I am sure is unlikely as you will want your mat pay!!! I took all my hols before i started mat leave (mine goes May-April) and will have accrued loads more by the time I am due back, and i intend to take some at the end of my mat leave to make it last longer!) hope that that helps a bit.
  • Yeah my holidays run april-april.... So because I have taken a year off from 24th feb 2008-feb 2009.... I have 5 weeks annual leave to take before april 2009.... So I have evn longer as ive added it to my maternity leave YAY!!

    You should be entitled to all your 25 days by the sounds of it hun x
  • sorry to hijack your post, but reading it, something just occurred to me.

    If you're on maternity leave and want to go abroad on holiday or visit some relatives, which you would normally use annual leave for if in the office, should you use your holiday entitlement and tell work so you are paid holiday pay and not maternity pay for that time?

    I've never thought about this. I am in the ttc forum, so it's not an issue, just gathering info for when it's my turn!

    oh, btw, I've read that companies may not let you accrue holiday if your matrnity leave goes into the next holiday year and you already have too much to carry over (if this is the case they can force you to take before you start ML, or lose it). Not sure if that is the same in your case. Sorry I'm not much help.
  • If you are on maternity leave then it is up to you where you go in that time. The only thing you are not allowed to do is to claim mat leave and start work again, unless it is a keep in touch day. You would not be able to break mat leave up and take holiday paid leave inbetween. I think it will obviousley be up to the company you work for but mine lets me take 5 days either over or under into the next holiday year. Companies can NOT stop you accrueing holiday when on leave as you are still classed as working and it could be classed as discrimination. TBH by the time you get far into your pregnancy you will probably be happy to be 'forced' to take holiday if you have over a certain amount!! lol
    I hope it happens for you soon **TB**
  • Hi noticed this post and thought I'd reply-
    My holiday year runs Sept-Sept, I took my 20 days entitlement at the start of mat.leave but I had to get this authorised by my company, they agreed to it because I will be on mat.leave for the entire holiday year and will accrue holidays as normal during it. However in my company (don't know if this is all) you can't be on 'holiday' once you have the baby as your employment law changes.
    So for example, I finished work on 27th Dec so up until the 29th Jan I am on holiday with my mat.leave then starting on 30th Jan, however if my baby is born before the 29th my mat leaves starts from then and my holidays are tagged onto the end.

    Hope this helps and doen't just confuse things more... my manager made a chart to make it all clear for me lol

    Linz
    39+1
  • I got caught out with this one.
    You are not entitled to be given any holiday pay while you are on maternity leave. If you receive holiday pay while on maternity leave it will affect your maternity pay. All holiday pay must be paid before you go on maternity or after you have finished. You are still entitled to the years worth of holiday pay even if you then decide not to go back to work.
    If your companies holiday year runs to december make sure you will NOT lose your entitlement between july and december if you have not already taken it.
    I went on maternity leave in October and was paid my holiday entitlement up to that date. the holiday year ran to april. in april the owner sold the business and said the new owners would become responsible for the money owed. They disputed this and it was all very nasty. My old boss was a nice guy and he just gave me the money so i was lucky.
    Reading your contract it basically says you can take what you have acrued before your maternity (not the full 25 days) it also says anything you don't take will be carried forward into the next holiday year.
    In other words if you take holiday before you go on maternity in july and then go back in a year (next july)that will be 25 days and also between july and december whatever you accrue then can be taken so between july and december you are gonna have a lot of holidays!
    If you don't go back to work you will still have the 25 days worth of money!
    If you are confused or not sure put in writing to your boss or HR department what it is you want to know and then you will have in writing a response from them explianing it hopefully in clear english!
  • oh and i forgot - if you have 2 weeks holiday before your maternity leave and then on the first day of your holiday you have your baby early then they will stop you getting your holiday pay. This is because they have to give you your maternity pay and like i said they are not allowed to give you your holiday pay and maternity pay at the same time.
  • Hi can anyone tell me if you decide to not go back to work after your maternity leave does the company have to pay you out for holidays you have built up or not. Just when you leave a employer when you haven't used all your holidays they have to pay out for it.
  • Hi there,

    I am currently debating this one with my employer and wonder what you all think:

    My holiday year starts 1st march and I was planning to take my full years entitlement prior to mat leave. ( from 11th March) They are saying I cannot do this as I have not accrued it yet. I intend to take my full year off so would not return to work until the following holiday year, therefore losing my holiday. They have said that they will pay me the money at the end of the holiday year but my argument is that by doing that they are denying me the option of having the physical time off work. I have tried calling Citizens Advice but not been able to get through so far.

    Can anyone help?:\?
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