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Holidays accrued while on maternity leave
- Thread starter valentine
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Lola's Mummy
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I was wanting to find out about this because i'm also not sure.
Do you know how it works with bank holidays aswell because there will have been 6 while i've been on maternity leave. Will i only get the ones back that occurred in the first 6 months of maternity leave
Do you know how it works with bank holidays aswell because there will have been 6 while i've been on maternity leave. Will i only get the ones back that occurred in the first 6 months of maternity leave
Valentine, you can tell our babies were born at more or less the same time - I was looking at this yesterday. I have accrued holiday for the first nine months of maternity leave (remember - OML now lasts for 9 months,) but not the last 3 (AML.) Basically, if you are getting paid SMP you should be getting holiday too.
found these for you
regarding bank holidays, I very much doubt that you would be entitled to anything for these as you were off work anyway and an employer is not actually legally obliged to allow for bank holidays. I used to work for a government department and they do not give any backdated or financial compensation for bank holidays that occur during a maternity leave.
http://www.eoc-law.org.uk/Default.aspx? ... day_accrue
ANNUAL LEAVE AND MATERNITY LEAVE
Employees on maternity leave retain their entitlement to statutory annual leave (four weeks paid leave per year) throughout ordinary and additional maternity leave. If the employee is also entitled to contractual annual leave (that is, annual leave that is provided by her contract, on top of the four weeks statutory minimum provided by law) she will continue to accrue this additional, contractual entitlement during Ordinary Maternity Leave. She does not, however, have an entitlement to continue accruing contractual annual leave during Additional Maternity Leave unless she has agreed otherwise with her employer.
It is not possible for an employee to take annual leave at the same time as maternity leave. It will, though, usually be possible for an employee to use any untaken annual leave either before she starts her maternity leave, or once her maternity leave has finished.
She could, for example, agree with her employer that she will take two weeks annual leave immediately before starting maternity leave. This would mean that her last day at work before maternity leave was actually two weeks before her maternity leave began. It should be remembered, though, that if the baby is born early the maternity leave must start from that point.
Employers and employees will often find it useful, once the woman has given notice that she is pregnant, to incorporate annual leave arrangements into their planning. This is particularly important if the employee plans to take a whole years maternity leave, as it is not possible to carry over statutory annual leave from one leave year to the next, or to pay the employee in lieu of any untaken statutory annual leave unless the contract is terminated. It is, of course, up to the employer and the employee to agree between them whether to carry over or provide pay in lieu of any untaken contractual annual leave above the statutory minimum.
regarding bank holidays, I very much doubt that you would be entitled to anything for these as you were off work anyway and an employer is not actually legally obliged to allow for bank holidays. I used to work for a government department and they do not give any backdated or financial compensation for bank holidays that occur during a maternity leave.
http://www.eoc-law.org.uk/Default.aspx? ... day_accrue
ANNUAL LEAVE AND MATERNITY LEAVE
Employees on maternity leave retain their entitlement to statutory annual leave (four weeks paid leave per year) throughout ordinary and additional maternity leave. If the employee is also entitled to contractual annual leave (that is, annual leave that is provided by her contract, on top of the four weeks statutory minimum provided by law) she will continue to accrue this additional, contractual entitlement during Ordinary Maternity Leave. She does not, however, have an entitlement to continue accruing contractual annual leave during Additional Maternity Leave unless she has agreed otherwise with her employer.
It is not possible for an employee to take annual leave at the same time as maternity leave. It will, though, usually be possible for an employee to use any untaken annual leave either before she starts her maternity leave, or once her maternity leave has finished.
She could, for example, agree with her employer that she will take two weeks annual leave immediately before starting maternity leave. This would mean that her last day at work before maternity leave was actually two weeks before her maternity leave began. It should be remembered, though, that if the baby is born early the maternity leave must start from that point.
Employers and employees will often find it useful, once the woman has given notice that she is pregnant, to incorporate annual leave arrangements into their planning. This is particularly important if the employee plans to take a whole years maternity leave, as it is not possible to carry over statutory annual leave from one leave year to the next, or to pay the employee in lieu of any untaken statutory annual leave unless the contract is terminated. It is, of course, up to the employer and the employee to agree between them whether to carry over or provide pay in lieu of any untaken contractual annual leave above the statutory minimum.
Hi there,
Thanks girls - that's really useful. I'm hoping they'll just not know this and let me take accrued holidays before I go back to work for the full 12 months - but thought I'd better find out the facts before any meetings etc.
Valentine Xxx
Thanks girls - that's really useful. I'm hoping they'll just not know this and let me take accrued holidays before I go back to work for the full 12 months - but thought I'd better find out the facts before any meetings etc.
Valentine Xxx
I'm taking almost 9 months and will accrue annual leave throughout, but I had to take the leave I accrued in the first 26 weeks before maternity leave. I am also entitled bank holidays - my work said that in no way can you be disadvantaged because you are on maternity leave.
