If you take a full years maternity leave and then decide you are not going back to work, are you entitled to your holiday that you have accruded (sp) whilst being on ML.

My friend has had a letter this morning telling her she is not entitled to her 4 weeks holiday as she has left her job.

I was under the impression you are entitled to your holidays whether you return or not.



Is there anyone that can shed any light on this for me please, we want to get this sorted out A.S.A.P



Thanksies



x

Im absolutely sure you are, yes.



You are entitled to everything that you would be if you were not on maternity leave.



http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088



x

I'm not 100% sure tbh. I told my employer initionally that I was going to return to work but wasn't definite so I said I'll just take the 9mth smp. As I didn't return to work I got all my holidays I'd ecrued (sp) during that 9mth. Had I have taken a full year off I would have been contracted to return to work for 3mth before I leave or owe them the mat leave.

All depends on her holiday year. They may not let her carry over one years leave to the next.

Do you know her holiday year, yearly entitlement and when she went on Mat leave?

KellyRow&H wrote:

All depends on her holiday year. They may not let her carry over one years leave to the next.

Do you know her holiday year, yearly entitlement and when she went on Mat leave?

I'm just about to head over there now, I shall let you know in a bit. (Sorry took so long to reply..been feeding Chloe)



x

Her holidays run from Jan to Dec. I know she took all her holiday last year just before she went on maternity leave, she started her ML on 05th Sept. Also she gets 20 days a year.



x

so to date she has accrued 14 days from Jan 2011 to date. this is what they should be giving her. she needs to raise a grievance

KellyRow&H wrote:

so to date she has accrued 14 days from Jan 2011 to date. this is what they should be giving her. she needs to raise a grievance

Thanks Kelly I shall let her know. Also how did you work out how many holidays she has got please?



x

i think you would just divide the number of annual leave days by months (20/12) then multiply by how far along in the year you are. she is definitely entitled to all holidays accrued, i believe this is a statutory entitlement, and she should be paid for that whether she leaves or not - you are considered employed by your company while you are on maternity.

Yep 20/12 it's 1.66 dYs per month. I did 8 months and it cam to 13. Something but it can not be rounded down only up making 14 days. And marinis right they have to pay statutory leave.

Also how is she paid BH's?

Thanks girls....she always had Mondays off so not sure about BH's!!