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Maternity and Holiday

Discussion in 'Parenting' started by Newmum31, Aug 31, 2017.

  1. Newmum31

    Newmum31 New commenter

    I work in an independent school not covered by teachers pay and conditions.

    My contract states i am entiteled to 12 weeks holiday a year.

    I went on maternity leave at the end of easter and am returning this september as have been on statutory since the start of july and we cant afford it anymore.

    Am i entitled to the 12 weeks holiday or can they again do the bare minimim?
     
  2. GLsghost

    GLsghost Star commenter

    You continue to accrue entitlement to annual leave while you are on maternity leave. You are entitled to the twelve weeks holiday as per your contract.

    Any holiday you were unable to take while you were on maternity leave can be taken on your return. Your employer may allow you to be creative in how it's used. My daughter, for example, used her accrued holiday leave to work 3 days a week while being paid full time, when she returned.

    Additionally, if there is holiday accrued from the previous annual leave year, which you were unable to take because you were on maternity leave, this can be carried forward into the current holiday year.

    There is information about this on the ACAS website:

    http://www.acas.org.uk/index.aspx?articleid=4289
     
  3. Newmum31

    Newmum31 New commenter

    This was what i thought and for this reason i put my return date as first day of summer holidays as i know they wouldnt have given it to me otherwise.

    Today i got paid the statutory and wanted to confirm i was correct in my thinking before i messaged them. The internet was confusing me with the 28 days holiday information
     
  4. GLsghost

    GLsghost Star commenter

    The link here sets outs rights in respect of contractual holiday and maternity leave in an easily-accessible form:

    https://www.maternityaction.org.uk/...during-maternity-leave-and-on-return-to-work/

    Many online documents refer to entitlement to accrue holiday while on maternity leave and relate that to the statutory minimum of 5.6 weeks or 28 days. However, the provision of s18 Equality Act 2010 is that a woman may not be subjected to unfavourable treatment because of her pregnancy or maternity.

    This means that you may not lose contractual benefits because you are on maternity leave - and in your case 12 weeks holiday is a contractual benefit.
     
  5. GLsghost

    GLsghost Star commenter

    By the way, you should not have automatically been paid in lieu of holiday...you have the right to take your accrued leave after your period of maternity leave ends, if you wish, in effect to extend it (as my daughter did).
     

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