Hi
Im confused by something my employer has told me and I hope someone can help!
Im returning to work after my maternity leave I had 6 weeks of the 90% and then the normal smp for the remaining, my mat leave ends on the 26th August and I have agreed with my employer I will return early on the 7th August. I am returning as part time when I was previously full time. I used all my holiday allowance before I started my mat leave in sept 11 but as our holiday year is from jan to jan then I am aware I will return with my full holiday entitlement. My employer is saying I will have accrued 14 days from jan to August when I return and that from my date of return my holiday will be pro rata as I will be part time which I agree with and this will be 5 days. I have asked to take 4 days from my allowance as holiday for a holiday I have booked in sept and I wanted to be paid for 10 as with working 2 days a week and having 15 days holiday left till jan then I won't use it. I have requested to be paid the 10 days in lieu and understand the 10 days and the 4 I wish to take in sept should be paid at my previous full time salary as if I just added my full entitlement to the end if my mat leave it would all have to be paid at my previous salary, however my employer is saying I can not be paid on any holiday till the end of the year?
Georgiarose
Under the Working time regs there is no right to be paid for any untaken holiday - the regs were brought in to make sure that people took holiday and did not trade them for cash.
The only time you tend to find an employer will pay out for holiday accrued and not taken, is when a person leaves the employment, or maybe when they have reach the end of the holiday entitlement year, and have been unable to take the holiday due to operational reasons, sickness, maybe even maternity, but is too much to carry over - so will allow some to be carried over and pay out the rest.
I will have to do that this year. have a manager who has only just finished his 2011 entitlement from last year and has 28 days to fit in between now and the end of the year - jjust wont manage it, but its because he is away a lot on business and cant fit the two in - so come the end of the year will split what he has left.
I can see why they are saying what they are - you have until the end of Dec to use your holiday, so why pay out for it now!!!
Adrian
Thanks for the reply!! Only thing is as I'm going back part time my salary is going to change so I will lose out if they pay me the days in lieu at the end of the year as it will be at my part time salary as opposed to if I add my holiday to the end of my mat leave then they would have to pay it as my full time salary? I'm going back early to help them out so it seems a bit unfair I lose 14 days of paid holiday at my full time salary? Or can they get away with it!
Thanks for your time!
If you are working say 2 full standard days per week - then your "daily" rate should be the same as if you were working full time. So when (if) you are paid out any holiday entitlement it would be on your daily rate and therefore you shouldnt loose out.
If however you are doing 2 days with reduced hours - then your holiday entitlement should be converted in hours and paid out based on your hourly rate which will be the same no matter if you are full or part time.
Hope that helps.
adrian40: Georgiarose Under the Working time regs there is no right to be paid for any untaken holiday - the regs were brought in to make sure that people took holiday and did not trade them for cash. The only time you tend to find an employer will pay out for holiday accrued and not taken, is when a person leaves the employment, or maybe when they have reach the end of the holiday entitlement year, and have been unable to take the holiday due to operational reasons, sickness, maybe even maternity, but is too much to carry over - so will allow some to be carried over and pay out the rest. I will have to do that this year. have a manager who has only just finished his 2011 entitlement from last year and has 28 days to fit in between now and the end of the year - jjust wont manage it, but its because he is away a lot on business and cant fit the two in - so come the end of the year will split what he has left. I can see why they are saying what they are - you have until the end of Dec to use your holiday, so why pay out for it now!!! Adrian
Totally Agree with ! Each and every point is exactly what we follow at our office !
you have until the end of Dec to use your holiday, so why pay out for it now!!
I'm also confused,
I was working full time and am taking 11 months of on maternity, but I am returning back partime @ 2.5 days a week,
I have received an e-mail from my employer advising 'that I have approx 25 days holidays but this is full time and they have tio be used whilst you are employed full time.'
Does this mean I have to return full time or loose my holiday entitlement?
Mnay thanks in advance for your advice.
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