taylorboosh
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Registered: 3rd Apr 07
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My mrs works for Sunderland council 30 hours a week and gets 186 hours a year holiday. Her boss is saying due to the fact she will be having 6 months maternity leave that she is only entitled to 90 hours holiday.
She has worked there 2 years plus and gets full maternity rights ECT with them.
After reading the direct gov website I am under the impression she should still recieve her full entitlement?
Anyone in the know?
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Sarah A
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Registered: 3rd Jan 11
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At my work I'm still entitled to all my holiday during my maternity leave and I'm pretty sure everyone should be altho most companies now seem to think they can bend the rules to suit them as most people won't question what there being told.
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BarnshaW
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Registered: 25th Oct 06
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has she read her contract or checked the company policy?
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taylorboosh
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Registered: 3rd Apr 07
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I was hoping you or Kerry would reply..
im 90% insure that im right..
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taylorboosh
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Registered: 3rd Apr 07
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Doesn't state in contract
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taylorboosh
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Registered: 3rd Apr 07
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Regardless of policy if um reading correct on direct gov then surely its law
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Sarah A
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Registered: 3rd Jan 11
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I even rung my mum who works in the hr department at my work and she said no matter where you work you would still be entitled to full holiday but Barnshaws right she needs to ask for a copy of her companies policy, its really quite bad how some of these places think they can trick people my sister works for mothercare and they are terrible even questioning the fact she's pregnant atm just so they can decilpline her for too much time off sick.
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Sarah A
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Registered: 3rd Jan 11
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quote:
Originally posted by john-d
Regardless of policy if um reading correct on direct gov then surely its law
Yes your right if its the law then it doesn't matter what the policy says
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taylorboosh
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Registered: 3rd Apr 07
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Lol its a council so I didn't think we would have these problems
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Sarah A
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Registered: 3rd Jan 11
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There probably worse for it as they think there employee's will just believe what they say.....also look up parental leave, pretty sure every company has to offer that aswell now, its 4 weeks unpaid leave if you have a child under 5, my company offered me it so I'd get a bit of extra maternity leave altho like I said my mum works in hr so there hardly going to try and trick me are they lol
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Cole
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Registered: 11th Nov 02
Location: eastbourne Drives:zafira sold now a qashqai
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My mrs is on maternity leave now she works for the nhs and she is still entitled to her full yrs holiday. The way he is saying it sounds like he doesn't really know what he's talking about
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taylorboosh
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Registered: 3rd Apr 07
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Google sunderland council maternity policy...top link is a pdf - not sure how to link on gfs wey-i-phone
It basicly says shes entitled to full entitlement from what i can see
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Cole
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Registered: 11th Nov 02
Location: eastbourne Drives:zafira sold now a qashqai
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My mrs is actually using her holiday to extend her leave aswell
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Sarah A
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Registered: 3rd Jan 11
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quote:
Originally posted by Cole
My mrs is actually using her holiday to extend her leave aswell
Same, i'm taking 9 months maternity then 3 weeks holiday and then 3 weeeks unpaid parental leave. i'm only allowed to take 3 weeks of holiday as its peak trading time and no one is allowed holiday during December but because i've given them notice i'm allowed but i'm sure that doesnt apply if you work for a council.
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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You wold think councils would be fairly safe with regards to employment law, but im always having to raise stuff with the unions, always trying it on to bend rules and regs at my place
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taylorboosh
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Registered: 3rd Apr 07
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Yea she wants to take the lot before mat leave starts but is only taking six months once the Childs here
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Sarah A
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Registered: 3rd Jan 11
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see that may be the problem, it might be that her new holiday year hasnt started yet and that the company policy is that you can only use some of your holiday before maternity leave as if she did decide not to go back or to just stop her maternity pay ( which no one in there right mind would) then she would be using holiday shes not actually entitled too, maybe it would be better to add the holiday on to the end of her maternity and not the beginning.
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taylorboosh
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Registered: 3rd Apr 07
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Holiday year starts Jan and she's not allowed to carry over so has no choice tbh
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taylorboosh
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Registered: 3rd Apr 07
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Its not due till end of aug
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Sarah A
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Registered: 3rd Jan 11
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yes then that doesnt sound right at all, if i was her i'd get a copy of the policy and a copy of what it says on the direct gov website and take them into her boss tell them to read it and get back to her, like you say its the law.
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jacko198
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Registered: 1st Mar 07
Location: Buckinghamshire
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http://www.acas.org.uk/index.aspx?articleid=1461
These guys sort out all employment laws, take a look on there or give them a call. Whatever they say, goes.
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taylorboosh
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Registered: 3rd Apr 07
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Just going to print them off and hand them in.. If they still disagree the union will be involved
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Kerry
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Registered: 5th Oct 01
Location: Norwich
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Yes your entitled to full holiday but their reasoning behind it might be something to do with if she doesn't go back to work after she's had the baby. In which case she would possibly owe holiday?
Are you sure they arnt Just meaning they are holding some back just in case rather than taking it away completely??
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Kerry
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Registered: 5th Oct 01
Location: Norwich
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Taken from gov website, pretty clear cut really!! Even says take it at the start!
Holiday entitlement
You build up all your entitlements to paid holiday through all of your Statutory Maternity Leave. This is even if your employment contract says you are entitled to more than the statutory minimum.
You can add holiday to the beginning or end of your Statutory Maternity Leave. You may not be able to carry over untaken holiday entitlement if your Statutory Maternity Leave goes over two holiday years. It is often best to take this at the beginning of your Statutory Maternity Leave.
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Kerry
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Registered: 5th Oct 01
Location: Norwich
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Anyway, she's entitled to 52 weeks maternity leave therefore should get 52 weeks holiday entitlement.
You don't have to tell your employer how long your having when you inform them your pregnant or when you intend to start maternity leave!!
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