sayer82
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i'm a civil servant and work f/t mon-fri we our contract says we get 25 days annual leave plus the 8 bank holidays and the privilege days and our holidays run from Jan - dec
pregnancy policy states "your contractual rights and benefits, excluding pay are matained during the 52 weeks of maternity leave." and regarding leave it states
"You retain your contractual entitlement to annual leave as well as public and privilege holidays throughout the 52 weeks of your maternity leave."
If you work part-time or do not take your full 52 weeks maternity leave your contractual annual leave and public and privilege holiday entitlement for the period of your maternity leave will accrue on a pro rata basis.
you must take any unused accrued contractual annual leavebefore your maternity leave begins subject to the normal rules permitting carry over of annual leave from one year to another.In addition you may also take any annual leave you will accrue during maternity leave periodbefore your maternity leave starts.However if your maternity leave period will cross 2 leave years, you will only be allowed to take the leave you will accrue in the leave year in which your maternity leave starts before going on maternity leave.If your maternity leave continues into a new leave year and you have more than 9 days carry over leave as a result of annual leave accrued during maternity leave, you will be allowed to take this forward into the new leave year.Any accrue public and privilege holiday entitlement that you carry forward will be recordref offline.
Annua leave cannot be taken between OML and AML: however you may , with your units approval take the accrued annual leave and/or accrued public and privilege holiday entitlement at the end of your maternity leave and immediately before returning to duty."
i am due to start my mat leave on the 30th Jan and will probably take 39 weeks off as after this it is unpaid mat leave. i have asked if i accrue bank holidays and privilege days whilst i am off as this is how i am reading the above policy but my manager and her manager are stating that i dont. i went and had a word with my managers manager and he stated that it is sexest towards men and why should i get more leave then him while he is at work and i am on mat leave sitting at home doing NOTHING! was not impressed by that last comment but i wanted to get an offcial answer not just there opinion on the matter so i went to our union who contacted our HR dept who confirmed in an email that
"As discussed , i cn confirm an individual who is on mat leave does accrue P&P and full contractual holiday entiltlement during that mat leave period. additionally i can confirm that they can take this accrued leave/P&P leave in a lump after mat leave but before returning to work if the buisness can accomodate the request. If the business cannot accomodate the request then they will need to discuss how/when the accrued leave can be taken."
i showed this email to both managers who are still insisting i do not accrue bank holiday i rec'd a letter from the male manager which states
"You retain your entilement to annual leave and public ansd privilege days throughout your period of paid maternity leave.Annual leave and privilege days can be taken with prior agreement from your line manager, after your period of materniyu leave expired and before you return to work.
In addiotion to this you are entitled to public holidays whilst you are on paid leave.These days are taken and paid on the days they occu and cannot be accrued or taken at a later date."
to me this male manager is still trying to give his personal opinion and did not give any official reason or evidence to back up his opinion. also what he has stated in his letter goes against the policy as policy states i accrue Annual leave and both public and privilege days but he only states i accrue privilege days.
so i have now been to union again who are speaking to a senior manager (this male managers manager) to try and resolve this but i have said again i want to see evidence from HR not just an opinion.
what's everyone take on this am i right or are they?
sorry for the long post lol
jess
pregnancy policy states "your contractual rights and benefits, excluding pay are matained during the 52 weeks of maternity leave." and regarding leave it states
"You retain your contractual entitlement to annual leave as well as public and privilege holidays throughout the 52 weeks of your maternity leave."
If you work part-time or do not take your full 52 weeks maternity leave your contractual annual leave and public and privilege holiday entitlement for the period of your maternity leave will accrue on a pro rata basis.
you must take any unused accrued contractual annual leavebefore your maternity leave begins subject to the normal rules permitting carry over of annual leave from one year to another.In addition you may also take any annual leave you will accrue during maternity leave periodbefore your maternity leave starts.However if your maternity leave period will cross 2 leave years, you will only be allowed to take the leave you will accrue in the leave year in which your maternity leave starts before going on maternity leave.If your maternity leave continues into a new leave year and you have more than 9 days carry over leave as a result of annual leave accrued during maternity leave, you will be allowed to take this forward into the new leave year.Any accrue public and privilege holiday entitlement that you carry forward will be recordref offline.
Annua leave cannot be taken between OML and AML: however you may , with your units approval take the accrued annual leave and/or accrued public and privilege holiday entitlement at the end of your maternity leave and immediately before returning to duty."
i am due to start my mat leave on the 30th Jan and will probably take 39 weeks off as after this it is unpaid mat leave. i have asked if i accrue bank holidays and privilege days whilst i am off as this is how i am reading the above policy but my manager and her manager are stating that i dont. i went and had a word with my managers manager and he stated that it is sexest towards men and why should i get more leave then him while he is at work and i am on mat leave sitting at home doing NOTHING! was not impressed by that last comment but i wanted to get an offcial answer not just there opinion on the matter so i went to our union who contacted our HR dept who confirmed in an email that
"As discussed , i cn confirm an individual who is on mat leave does accrue P&P and full contractual holiday entiltlement during that mat leave period. additionally i can confirm that they can take this accrued leave/P&P leave in a lump after mat leave but before returning to work if the buisness can accomodate the request. If the business cannot accomodate the request then they will need to discuss how/when the accrued leave can be taken."
i showed this email to both managers who are still insisting i do not accrue bank holiday i rec'd a letter from the male manager which states
"You retain your entilement to annual leave and public ansd privilege days throughout your period of paid maternity leave.Annual leave and privilege days can be taken with prior agreement from your line manager, after your period of materniyu leave expired and before you return to work.
In addiotion to this you are entitled to public holidays whilst you are on paid leave.These days are taken and paid on the days they occu and cannot be accrued or taken at a later date."
to me this male manager is still trying to give his personal opinion and did not give any official reason or evidence to back up his opinion. also what he has stated in his letter goes against the policy as policy states i accrue Annual leave and both public and privilege days but he only states i accrue privilege days.
so i have now been to union again who are speaking to a senior manager (this male managers manager) to try and resolve this but i have said again i want to see evidence from HR not just an opinion.
what's everyone take on this am i right or are they?
sorry for the long post lol
jess
