Scheduling time off (annual leave) when pregnant..

Plek Trum

Hi all,
just looking for advice and opinions on the following please.

I have 12 days annual leave left to take this year and am due to go on maternity leave starting around the third week in November.

Every staff member (there's only 3 of us!) can choose the days / holidays they want to take and have done so throughout the year. I have purposely held back from booking holidays as (a) we didnt have cover available and (b) I was keeping days for clinic appointments etc (we had to undergo IVF).

In fact one staff member has booked 2 x 2 week holidays without us having cover which resulted in the company having to take on a new member of staff and train her in just to cover this period! This was not considered an issue by my employer who felt she had no choice but to do so.

I currently work 5 days and was intending on going on a four day week for Oct / Nov to use up some of my holidays and to start winding down and resting closer to the birth. I am in work 5 days a week but one of these days is only a 4 hour day (excl. lunch)

I spoke to my employer previously about this and she was fine with it. I decided to take each Friday, meaning I would have a good 3 day break from work each week.

When I went to put this into motion today for Oct and write it in, my employer informed me no, that I was to take my day off on the 4 hour day I usually work here on my own.

The whole idea of winding down and taking my annual leave this way was to rest closer to the birth. I have been more than accomodating not booking annual leave during the year so as to take pressure off my employer when we didnt have cover.

I think its unreasonable behaviour. I come into work slightly earlier than others, dont get paid for this and have been more than fair in not placing demands on my employer (unlike other staff members)

Fridays are an eight hour day for me, and would be much better use of time off to rest and take a proper break from work. The 4 hour day is the day I get the chance to do paperwork, accounts, bills etc and is not a long or tiring day for me.

Is there anyway I can insist I be allowed to take an 8 hour day off instead?
Is my employer in anyway obliged to allow me to take a day of my choice because of pregnancy?

I'm disappointed to be treated this way (yet again) especially when demands have not been placed on the annual leave requests of others at the office.
Just to note, we are a small place, no HR, boss is employer, no one else to refer matter to.

Opinions and advice appreciated, thanks.

Neyite

If I'm understanding you correctly, you work 4.5 days a week. So, depending on your contract, your holiday days might be calculated pro-rata as a part-time employee.

If you have 12 full 8 hr days of your leave, and they want you to use them on your half-days, then would you then be taking 24 x halfdays instead of 12 x full days?

You are not entitled to choose your leave day because of pregnancy. You can however, be put on shorter hours or other duties if your doctor feels that its necessary health-wise for you and your baby due to a pregnancy complication, but otherwise, no.

Personally, I carried all my annual leave forward and added it onto the end of my maternity leave. It lengthened the maternity leave giving me more time with the baby, but also it meant that for the month or so before returning I had full pay which helped pay for the creche and buying a couple of new things to wear for returning to work. With your hours, I'd opt to have 24 half days at the end of maternity leave, easing the baby into childcare on a lot of halfdays, and if you feel exhausted prior to starting your maternity leave get signed off for rest. But that is just my personal preference and opinion.

Best advice I can give you is to check your contract of employment and also calculate your correct annual leave under the Working Time Act.

Plek Trum

Thanks Neyite - I am treated as a fulltime employee, (there are three ways to calculate annual leave as far as I know under the Worktime Act_) and this equates to 20 days holidays annual leave per year. A 'day off' is calculated as a day, regardless of the hours worked usually - so a 4 hour days = one day annual leave, 8 hour day - one day annual leave etc.

I have been told that no annual leave is permitted to be carried over.
Employer has an issue already with me returning in May with 20 days holidays to take (has been mentioned) hence no leave to be carried over from this year.

Can I clarify something else also - there are 7 public / bank holidays when I am on maternity leave. Does this bring me to 27 days annual leave upon my return? Is there an option for my employer to pay me for these bank holidays instead?

Contract says employer can appoint which days are to be taken as annual leave. This has not been enforced on the other employees however at any stage. We were given retrospective contracts approx 5 months ago -I was told signing it was compulsory so did so. Other employee did not and has not signed same to date. My mistake in being a decent employee I guess!

Rose35

When I was on maternity leave I was given the option of either getting paid for the bank hols that occurred during
my leave or carry them over and use them as annual leave on my return, I used them as annual leave to extend my time
before returning to work. I don't know where you stand regarding your annual leave though, it sounds like your boss can decide how you take it.

Plek Trum

Thanks Rose35 - yes, I thought that was correct, I do think getting paid for them though isn't compulsory but may be an option depending on employer.

Thinking I might forget taking one day a week off now and go straight for a 2 week break early November, one week return to work, then maternity time. Wont do anything rash, will take the weekend to mull it over....

Sligo1

I don't understand how a 4 hour day equals 1 al day and an 8 hr day equals 1 al day?? Is ur employer having a laugh? It sounds like you are being treated very unfairly! I hope your antenatal appointments are not bring covered by your AL... You are entitled to these.

If I were you I would take the 2 weeks together directly before your mat leave commences. Therefore giving you one whole month off prior to the birth.

Neyite

For the bank holidays, they are in addition to your annual leave and maternity leave, so accrue while you are on leave.

Its a bit crap that you cant carry forward any more leave, but then you have 2 weeks and two days left so that will have to be taken before you go. And at 36 weeks you might be well glad of it.

But I suppose its a lesson learned, why make the effort with your employer being flexible when they dont care about being flexible back. I too learned the hard way some years ago.

Plek Trum

Its relevant to the normal hours you would work typically on that day. So if Monday is 8 hours = one day off annual leave. If Tuesday is 4 huor day = one day off annual leave. Thats what I've been told anyway!! I think a 2 week break in Nov might be way to go alright , run it all together into the one.

Plek Trum

Learning the hardway several times over Neyite - employer is an inlaw with lots on their plate at the moment, Ive been doing my best to keep the pressure off them and help out, seemed the right thing to do. Days like today however do make you question things...

Sligo1

Plek Trum wrote: »

Its relevant to the normal hours you would work typically on that day. So if Monday is 8 hours = one day off annual leave. If Tuesday is 4 huor day = one day off annual leave. Thats what I've been told anyway!! I think a 2 week break in Nov might be way to go alright , run it all together into the one.

Hmmm... That really really doesn't seem right! If its taken on a weekly basis ur working week is 4x8 + 1x4 =36 hour week. I would understand if you took a week and te 4 hour day was counted in that relevant to your working week. But they can't equate 12 8 hr days to 12 4 hr days... They just can't! I would be asking citizens advice about that!! Either way it sounds like your employer doesn't want to give you the day you want off. I took a month off before the birth of my first and it was lovely. Got a little bored... But lots of time toget the house sorted .

Plek Trum

It seems unfair alright and looking at it on paper it does seem wrong - however its always been counted as a "day" eg, if I took a week off (which I haven't in about 19 months) then a 4 hour day was taken as a full day annual leave. Starting to doubt things now though!

House is pretty sorted, just moved into new home a few months ago - it would give me time to wash the new baby vests and babygro's though I guess! My partner works fulltime so it would be a pretty long two weeks without going away and I DO NOT want to get into daytime tv (this early anyway haha!)

Neyite

And if you go overdue, you'll end up going spare!

Working for family is tricky.

Sligo1

Neyite wrote: »

And if you go overdue, you'll end up going spare.

Hmm that's true. I was getting bored and I went a week early on my first. Wuda gone nuts if I went 2 weeks over!

pwurple

Over the years I found that employers/clients baulk at the idea of someone being missing every week on the same day.

What i do now is book the days piecemeal, rather than saying, I'll be on a four day week for the next 8 weeks. So I'll book two fridays one week, and then a tuesday, and then a few weeks later book another few.

There was a guy I worked with before who used to take every friday off for two months coming up to christmas every year, but no-one seemed to cop he was doing it, because he booked it a day at a time.

If you are not being allowed to carry over any, then they want you to take the days off. I would try booking them in small blocks, see if that works better.


I personally found it much easier to work right up until the end, than be at home with nothing to do. I went 2 weeks overdue on my first, and stopped working 4 weeks previously. Felt like the Longest 4 weeks of my life.

Little CuChulainn

They can't make you take a full day leave when working a half day. You wouldn't be getting your statutory holiday leave then. It just wouldn't add up. Unless your half day is paid as a full day and the half is a bonus.

Hello Lady!

20 days is a statutory right. So if your employer prevents you from taking your leave then they have to allow you to carry them over. They can't take them off you.

As for public hols you also accrue these while on mat leave but you can't take or get paid put for them until after the mat leave ends. In my case this amounted to 11 days extra paid leave and my annual leave giving me an extra month of paid leave.

Your employer can chose when you take your days but it still needs to be fair and equitable. If others are being treated more favourably then you have grounds to complain.

Who will cover your mat leave?? If one day a week is such a hassle then how will they manage 6+ months?

Plek Trum

Thanks guys - booked off 2 x 1 week blocks, end Oct then a second week in Nov (week off, week on, week off, weel on, then go on maternity leave) Seems better use of time and a proper step away from work for a decent break. Will test the waters too no doubt for my 6 month abscence! We have cover available for anytime now so its a shame that this incident had to happen. Done now anyway, plus a few odd days in my back pocket should the need arise between here and then.

Plek Trum

Small update: Atmosphere terrible since Being completely ignored, with the bare minimum of communication taking place solely related to work related matters only. No breach of law I wouldn't think but gosh, the atmosphere is horrible! Very passive aggressive and no need for it - sooner maternity comes around the better.

pwurple

Plek Trum wrote: »

Small update: Atmosphere terrible since Being completely ignored, with the bare minimum of communication taking place solely related to work related matters only. No breach of law I wouldn't think but gosh, the atmosphere is horrible! Very passive aggressive and no need for it - sooner maternity comes around the better.

Normal in my experience, I'm afraid. Workplaces will take your maternity leave as a giant inconvenience, which I guess it is for them.

Keep the head down and suck it up temporarily is what I've done. And prepare to be offered only the cruddiest of projects when you get back, until you prove yourself again.

It's a kick in the teeth to women's careers, no doubt about it.

Sligo1

Plek Trum wrote: »

Small update: Atmosphere terrible since Being completely ignored, with the bare minimum of communication taking place solely related to work related matters only. No breach of law I wouldn't think but gosh, the atmosphere is horrible! Very passive aggressive and no need for it - sooner maternity comes around the better.

Im so sorry to hear this and I really feel for you . Unfortunately Pwurple is pretty spot on. its just awful that this is the way society treats women on mat leave and those of child baring age.

I only had a friend come to me yesterday and tell me that his division (he works in the private sector) is looking for a new employee. He then proceeded to tell me that his boss came into the room and told his fellow collegues that if they knew anybody that would be good for the job to let him know and get them to send in a cv... then he added at the end... "o and please no women (on the qt)"....

It just makes me so so angry... but its all down to Mat leave. I still intend on having 4 kids tho... and screw everybody else! ive already pretty much lost my promotion.... so im going to suit myself from here on in....

Plek Trum

Sad state of affairs isnt it - I wouldnt mind but my employer has two children of her own and had a hard time concieving. You might think a little understanding would come into play! Not to worry, my priority is my 'bump', my health and getting to December in best shape possible and I wont let anything affect that. Onwards and upwards towards our new arrival - worth keeping our focus on that.