Calculating annnual leave during OML and AML

[Leah4]

Hi,

I have a meeting with my manager tomorrow, about my holiday entitlement during my maternity leave. She is not very knowledgeable in the maternity legislation area, and I has been quite difficult since I have informed her of my pregnancy, and I want to ensure that I am given the correct amount of leave, and I may try to use up my holidays for OML before I go on leave.

My holiday year is from 1 Jan to 31 Dec. I will be OML from 15 Jan 07 to 14 July 07, and then on AML from July to Jan 08. I get 17 days holiday each year (12 days anniual leave and 5 days bank holiday added on as I work part time, 3 days per week. Full time equivalent is 20 days).

Am I entitled to 8 days holiday during OML and
6 days during AML?

Any help on this would help greatly!

Thanks

[Judessis]

Hi there, congrats on your pregnancy, and shame about your manager - wish employers would work out that women are going to keep having babies and to just GET OVER IT!!! Sorry rant over!

My understanding is that you are enttled to exactly the same annual leave as you would be if you were at work - i.e. if you take your year off you get you 17 days anyway, however, should you decide not to go back to work this may be afftected (but I'm not sure). I have found a couple of sites that should help, or alternatively try rinigng the personnel/HR department of you company for advice.


tiger.direct.gov.uk/cgi-bin/maternity.cgi?clickback=1&nodeid=Q1&nodelist=Q1&prevworkstatus=Employed&prevworkstatus2=&dueDateOfBirth=&prevmq3a=&prevmq3b=&prevmq3c=&prevsmpyesno=&prevaverageearnings=&entitledFromDate=

www.dti.gov.uk/employment/workandfamilies/maternity-leave-pay/guidance/page21116.html

Good luck and I hope you manage to sort something out to your satisfaction.

[Leah4]

Thanks for the quick response Judesis. I agree with your comment about employers. Just adds unnecessary problems to pregnancy! I am very much looking forward to finishing work in the middle of December.

My manager has advised that I wold not get the 3 days bank holidays which fall within my AML. I had previously looked at the websites you quoted and it still remains quite confusing.

I work for a small company which does not have a HR department. I will see what she says today.

Thanks

[incy]

You continue to build up all your entitlements to paid holiday during ordinary maternity leave. So holiday builds at your normal entitlement (pro rata)

However, unless your contract says differently, you?ll accrue only the statutory minimum of four weeks (pro rata) holiday entitlement during additional maternity leave.

Someone did mention on an earlier thread that some employers are claiming there is no holiday entitlement during AML due to a previous court ruling on holiday entitlement on sick pay (their argument is that you are not paid on AML and so holiday entitlement should also be nil). If your employer takes this stance then you may have to take further.

[incy]

The Working Time Regulations 1998 permit the inclusion of bank holidays in a worker's statutory entitlement to four weeks' paid annual holiday. So my interpretation would be that during AML you would just get the 20 days (pro rata) rather than the 20 + 5 (BH) pro rata. Obviously without looking at your contract it is difficult to say either way.

[Leah4]

Hi Incey, my contract does not state anything about holidays during additional maternity leave. It does, however, state that I get 20 days holidays (pro rata), and in addition to this I also get bank holidays (pro rata). My boss has advised in an email sent to me that "should you take additional maternity leave (AML) then you accrue holiday as per the working time regulations. This entitles you to 20 days paid holiday per year (inclusive of bank holidays), pro rata for time taken off during AML".

I have worked it out as 7 days holiday, and three days bank hols for OML, and five days holiday for AML. A total of 15 days for the year.

My boss is still in a meeting. Do you think it will be a good idea to take all of my leave for OML before I commence my maternity leave leave in respect of her saying I cannot carry over holiday owed into the next holiday year due to my contract (although she has allowed other staff to do this who were not pregnant), and also ask her to confirm my holiday entitlement in writing?

She also has not confirmed the date she expects me back, only stating that I am entitled to a year off from 15 January. Does she have to confirm anything else?

Thanks!

[incy]

Leah, definitely get the holiday entitlement in writing - I would ask them to confirm in writing if it is possible to carry over any days (most firms normally about 5) from one leave year to the next. You could always point out politely that other people have been allowed to do this in thie past.

An alternative would be to take part of your entitlement to annual leave before maternity leave starts or 'convert' part of your unpaid maternity leave to annual leave.

They should confirm to you your stated date of return from maternity leave, either 26 or 52 weeks from the start of the leave. In your case it should be 52 weeks.

They sound a bit of a shambles you poor thing !

[incy]

Sorry, missed your other question. After the baby is born (presumably you have to write to confirm the date on which it was born) - HR must write to you confirming the latest date by which you must return to work (or resign).

[hotmama]

I work in Local Government so not the same but I'll tell you what I got.

I got a letter stating when I would be expected to return to work and that if I wanted to return earlier I would have to write giving 28 days notice (this is the law). The letter also mentioned the period I would be getting maternity pay for and when I would be on no pay etc.

If the maternity crosses leave years (mine does) then I automatically carry forward my leave entitlement. Re public holidays, when I go back to work in Jan I am adding back the public holidays to my annual leave that took place in my OML - I did this with my first pregnancy as well.
HTH

[Leah4]

Thanks for everyone's help regarding this. As there is no HR department it is even more difficult to get anything done properely in respect of my maternity leave.

I will definately ask her to confirm hols in writing today. When I had asked her by email to confirm whether I will be able to carry over a few days leave into the next holiday year as I would still be on maternity leave and she had allowed all staff to do this previously, and therefore unable to take it in 2007, she had replied that she is unable to yet confirm at this time whether I can carry over holidays and depends on "the needs of the business"! She makes up one rubbish excuse after the other.

I will definately askk for all my leave entitlement during my OML to be taken before I leave, as will probably be too many days for my boss to allow to carry over.