So, I started this job in March this year and was given 24 days holiday, I have put in my mat leave for the end of november. I have been told I can not take any stat days or holidays for nov/dec as I have not worked it, and will have to be carried over to the following year?!

Is this correct as I would have thought my same rights apply when on maternity, so if I wasn't pregnant and wanted to take all my holidays in september I could... but now I am on mat leave I can't?!!

Anyone know where I stand?

Thanks everyone xx

I don't 100% know about stat days as all mine have passed, but I am in the same boat with holidays. I've been told I'll accrue 5 days during November and December when I'm off, and will have to tag them onto the end of my maternity leave. I also asked the same question about not being pregnant and taking the days before those months, but in my case, my company closes for 2 weeks at Chrsitmas and this is when I'd accrue most of the days.

So, what you have been told is probably true x

That is not correct, you are entitled to take all your holiday before you go on maternity as well as any bank holidays that will occur. Check out this site to give you government advice for approaching your work.

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088

As you will notice it says that if your maternity leave goes over a holiday entitlement year than they are not obliged to carry it over.

For this reason I have arrange with my company excatly what to do with all my entitlements including the christmas bank holidays as my maternity leaves runs over into the next holiday entitlement year.

We have agreed I will carry 5 days over and take the remaining days before my maternity leave starts.

If they are going to be funny I would make sure you get written agreement of any holiday being carried over so you don't return to find you have lost it as such.

Forgot to add teh the accuring of bank holidays is only if they are not included in your holiday entitlement.

Good luck

[Modified by: JodiBump on September 09, 2010 04:34 PM]

Not too sure on this one, but I know companies award holidays for days worked, if that makes sense? If I was working full time 5 days a week and I was entitled to say 20 days holiday, that would mean 1 week for every 4 months worked. I'm not sure how it works with regards to maternity, yes you can accrue it the same as if you are working, but as you will have only done 7 months work you will only have effectively accrued just over half of your holiday entitlement, and that's if you haven't taken any already. You would only be able to take all of your holiday in September if your employer was a nice one and wiling to let you, they could still turn it down. And if you took all of your holiday 6 months into the holiday year and then handed in your notice you would be left out of pocket as they are within their rights to dock it from your final pay packet as you would actually owe them.
Hope I've made sense (things often do in my own head, but don't know if they do written down! lol!)

I know this isn't my thread, but thank you for that JodiBump. I've often thought the lady who told me didn't know what is was talking about, but haven't found anything to prove otherwise. The decision now is whether to finish a week earlier, thus 4 weeks, or leave the 5 days until the end of my maternity leave.

Can't see my boss being bothered either way, plus they haven't even replied to my maternity letter. They're only 3 weeks beyond the legal 28 day response requirement. Who'd have thought I work in a very contractural industry!!

Are you sure it's because you're on maternity? In my old place of work (and others in the past) if you haven't worked a full year you can't take all your holidays. It stops you starting a job, taking all your holidays paid and then quitting. For the first year I could only take x amount of days per month (I think it was 2 days per month) which could accumulate so after three months I could take 6 days in a row for example.

I also could not take more than a week (5 working days) in one go, no matter how long I'd worked there.

If your entitlement is any different to people not going on maternity then that's not right but I'd check the general holiday policy to see

If your holiday is 24 days a year that will be pro-rata so divide it by 12 and times it by 9 the number of months you have worked and that is the number of days you are entitled to in the year (assuming your holiday year runs Jan - Dec) I am not allowed to take more than 2 weeks in one go, it is in my contract but you are entitled to use your holiday and accumulate again next year. xx