moving goal posts Grrrrr!!

[Tillytots]

Im not a happy bunny

I had everything planned with work with regards to maternity leave and holidays etc. Everything was signed and sealed and in writing. I just had a phone call from work from my boss who is now saying I cant take any holiday before I leave for mat leave and there is no legislation on bank hols either so I wont be paid for them???

This came about due to the lady from HR leaving who confirmed all this in writing to me that I could take holiday before mat leave else I lose it all. Because Im off sick someone has been stirring and now they are saying I cant do it

I couldnt help it but I told my boss it was bollox and to sort it out. I found this site which basically says yes, you do incrue holiday and as it is not possible to carry over statory annual leave it must be agreed to be taken before or after. http://www.dti.gov.uk/employment/employ ... 34244.html

Does anyone know what the policy is on bank hols? I get 25 days contractual holiday and I think its something like 8 public/bank holidays which they are now saying because Im taking the year off Im giving up my right to be paid for them.

There is no way Im going back there for another month! They already asked me to go in and move tons of boxes of heavy files and when I said I shouldnt be lifting they said take a file out one at a time....there is thousands...oh and they want it done in a couple of days....LOL yeah right

 

[littlepip]

I'm not sure how it all works to be honest but Bosses allways get stroppy when you get pregnant well most do anyway. When i told mine , the next day she was like oh have you named all of there clothes for playgroup and have you done under the sofa!

 

[Sophie1102]

Bank holidays do not have to legally be paid for, they can either be taken unpaid or as part of your holiday days, although lots of companies will pay you for these or give thme to you on top of your annual holiday days, or time & 1/2 if you work them etc.

It is all down to the employer, but they do NOT by law have to pay you for them.

Probably not what you wanna hear but I hope this helps tilly and that you get it sorted soon. x x x

 

[Tillytots]

yes hun that great thankyou. Not so great that I wont be paid but I could take them as unpaid

x

 

[Sherlock]

I'm not sure of the policy on Bank hols.

I do know you are entitled to to take annual leave prior to your maternity leave starting and yes, you accrue annual leave as you would if you were working then.

You know you can also take a few weeks unpaid maternity leave prior to your paid leave beginning. Worse comes to worse, take that option. I think it was something like 3 weeks or so. I found that on one of the Gov websites somewhere.

 

[Sophie1102]

No problem x x It's not fair that they have just changed their minds though, especially when you have been paid for them before!!!

 

[Tillytots]

I'm not sure of the policy on Bank hols.

I do know you are entitled to to take annual leave prior to your maternity leave starting and yes, you accrue annual leave as you would if you were working then.

You know you can also take a few weeks unpaid maternity leave prior to your paid leave beginning. Worse comes to worse, take that option. I think it was something like 3 weeks or so. I found that on one of the Gov websites somewhere.

Ooo I didnt know this Sherlock! Thanks hun
Work are saying I cannot take ANY days annual prior to mat leave starting which I know is definately wrong. Its just the boss being a numpty. Its already been checked and signed so hopefully it will be ok.

xx

 

[Gem & Leland]

im getting paid for my bank holidays

i know this cos ive just got my list of what my payments each month will be , it then says in oct 2008 ill get the spring , may and aug bank holidays paid


im also taken jan off as hol because u do still get your yearly allownance , u either take it before or after or you must be paid it in a lump sum at the end

 

[muppetmummy]

I hope you can get it sorted out with them

 

[Manda&Thomas]

sorry to hear this hun
i no nothing on this matter
just wishing you the best to get it sorted
manda xx

 

[Sherlock]

Ooo I didnt know this Sherlock! Thanks hun
Work are saying I cannot take ANY days annual prior to mat leave starting which I know is definately wrong. Its just the boss being a numpty. Its already been checked and signed so hopefully it will be ok.

xx

OK, so I found the blurb on Nanny Tax site, but I am sure I read the same elsewhere on a Gov site, only I can't find it now. Anyways, check it out and see if it applies to you also.

The actual period of maternity leave can begin any time after 14 weeks before the baby is due, but the maternity pay period will not commence until the 11th week before the due date.

SMP is payable for a maximum period of 39 weeks.

And regarding the annual leave, stick to your guns there because as you said, you are entitled to take annual leave prior to your maternity leave starting. Nothing they can do about that.

It amazes me companies still try and screw their employees out of their legal rights like this

 

[purple13]

they can't just change their minds like that! sounds like your boss is being a bit of a t*at!

my company have allowed me to take my accrued annual leave at the end of my maternity leave - so i plan to take 1 year off (as allowed) then take my 25 days holiday on top.

then re bank holidays, i'm entitled to paid bank holidays for the days when i was on smp or no pay (not the first 3 months when my company supplement smp up to my full salary). so this means that i get an extra 6 days paid holiday at the end of my 25 days accrued holiday.

which all means that i don't go back to work for about 14 months!!

hopefully your HR department will be able to confirm things with your boss without you having to worry about it

 

[Sherlock]

Re the annual leave woes

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 year’s 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.

Taken from this page here

 

[Charlie:-)]

Hi Tillytots

Like others have said you do accrue annual leave whilst you are on mat leave.

Im not sure about teh bank holidays though. If you want to speak to someone about employment law and specifically about maternity rights then I always use this website www.acas.org.uk they have a helpline and are very good. They offer impartial advice and can explain exactly what your employer can and cant do by law.

Hope you get it sorted.