maternity and holiday leave help

14 replies
Found 2nd Feb
Need some help please. My wife is due to leave her work at the start of March for her maternity leave. Until today we inadvertently forgot she had 3 weeks holiday to use. As it's probably to late now to use her holiday. Does anyone know if the company can use up her holidays at the start of March instead of straight maternity? Or can they now force her to lose them? Does anyone know our position in terms of law?

Many thanks for your help

14 Comments

Does her holiday year run from April to March?

Original Poster

No January to January mate

If holidays run Jan to Jan .. How has she got 3 weeks to use up by March ?

yes she can use her holidays before mat leave, its not late its down to her how and when she wants to use them
Edited by: "sami1707" 2nd Feb

Jonwilkie

As it's probably to late now to use her holiday.



So she hasn't even asked yet to see if it is too late?

my matt leave starts 04th April but I am using my annual leave so I finish off in march

Original Poster

cdm22

So she hasn't even asked yet to see if it is too late?



She has an appointment with HR and she's at work now.

Original Poster

plodging

If holidays run Jan to Jan .. How has she got 3 weeks to use up by March ?



Very good point, I have no idea. Forget this question I will wait till she's home and work it out from there. It's hard communicating these things by text. Have best answer

usually places allow some amount that can be carried over so will have to ask HR or whoever deals with the holidays. otherwise an employee has every right to take their holidays in full.

Jonwilkie

Very good point, I have no idea. Forget this question I will wait till … Very good point, I have no idea. Forget this question I will wait till she's home and work it out from there. It's hard communicating these things by text. Have best answer


Is she taking the rest of year off after March ? If so does company not have a buy back scheme on holidays ? Be extra money later in year , or carry them over if not . Bearing in mind strictly speaking holidays are accrued at about 2 days per month , so only 6 accrued by March . Yeah I know companies let you take stuff in advance , but if she left for any reason in April , the company would demand 10 days pay for holidays you haven't accrued.
Edited by: "plodging" 2nd Feb

Yes, you can that is what I did, I was due to start maternity in March but used my holidays first then into maternity leave, congrats to you both

She is entitled to all of her annual holidays as they are still accrued whilst on maternity leave. In my case, i believe maternity leave can start no later than on the day the baby is born, therefore if baby comes whilst on annual leave then your maternity automatically kicks in (could be wrong but that's how i understood it). I have 5 weeks holiday before my maternity starts as this is my annual entitlement that runs from Jan - Jan. Unfortunately the company i work at won't let me take them into the following year. Even though you've not actually accrued the holidays yet, most companies begin the year with your full annual holiday entitlement allowing you to use them at your leisure throughout the year. It's best she asks if she's allowed to carry them over to next year or if she can maybe do shorter weeks in the lead up to maternity leave. Or if the company allows and it's not too late, then take them all before her maternity leave starts. Hope this helps

I'm not sure she can change start of her maternity leave at this point (apart from if she has the baby) as she will have submitted all the forms to HR etc. But I would have thought they would let her carry leave over to tag onto the end of her maternity leave, plus any statutory hols like bank hols, Xmas shut down days.

Hi, by law Maternity must start on the day after the baby is born regardless of how much leave you have. I checked this out recently. I could be in same situation if my baby comes early and I don't get to use up all my leave in time I will loose it.
Hope this helps
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