Holiday carry over?

Shelli

I'm hoping you can answer a question for me.

I went on maternity leave in July 2007 and returned to work in Jan of 2008, and was told that I could not take my holidays beforehand as I had to have them worked up. I had a balance of 9 days holiday left at this time. There was also 5 bank holidays which occurred during my maternity leave, which I thought should be added to my holidays this year?

I am now being told that a maximum of 5 days holidays can be carried over as per company policy.

Am I entitled to insist that all 14 days are added to this years holidays?

I have emailed NERA about this to see where I stand. But i'd like some advice as to how to handle this with HR.

Thanks

Hitchhiker's Guide to...

I think a company can limit the amount of holidays you carry over, but they have to pay you for the holidays you can't carry over. Let us know if this is not the case.

Shelli

NERA got back to me fairly quickly, but as usual just quoted some act. Anyway, at least I was armed with that much at least, so I got back onto HR on Friday, and as usual they seem to be giving me the run-around. Not even getting a reply to my mails now!

They were happy enough to contact me last week when they wer epushing me to make up my mind about the pension scheme cause they wanted their f*eckin waiver form signed if I didn't want the pension!!

Grrrr. Rant over.

I'll be onto my union rep if this is not sorted soon.

AARRRGH

This is how I would think about it:

If your company chose to continue paying your salary during your maternity leave (they don't have to do this) then they have been nice to you and you shouldn't try to squeeze every drop out of them.

If they didn't pay you while you were on your maternity leave, you are right to pursue your holidays. You are entitled to your holidays and bank holidays. However I am nearly certain there is no law which says you are allowed carry holidays over from one year to the next.

Shelli

The law says you are entitled to holidays accrued while on maternity leave, so because my maternity finished in Jan surely I'm entitled to the holidays I accrued while on leave? Or at least to be paid for them?

I wasn't paid by my company while on ML, in fact, they just assumed I wouldn't be back even though I assured them I would, they even gave away my email address to someone with the same initials as me while I was on leave. I was also told by a manager, who was a friend of mine as I showed him the ropes when he started, that he had been asked to "make my life difficult" when I came back, constructive dismissal.

I would never try to screw anybody who had treated me fairly, I'm just so sick of the crap this company has thrown at me when I've been nothing but loyal and a hard worker and not to brag but I'm very good at my job.

I just want what I'm entitled to.

AARRRGH

OK, I understand your situation.

If your employer says "sorry, we don't allow holidays carry across from one year to the next", realistically what can you do?

Shelli

I don't know, thats why I'm trying to find out if there is anything I can do.