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Maternity leave and holiday payments.

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  • 29-05-2011 12:56pm
    #1
    orchidsrpretty
    Registered Users Posts: 2,138 ✭✭✭


    Hi, am asking here on behalf of my sister. She was on maternity leave which finished up on the 23rd May. She decided to take and additional 10weeks unpaid leave. When her employer calculated her holidays to date they did not include the additional leave. The employer says this is correct and she is not entitled to include the unpaid leave for holiday purposes although it says on the citzens advice website:

    Additional maternity leave

    From 1 March 2007 you are also entitled to take up to a further 16 weeks’ additional maternity leave. This period is not covered by Maternity Benefit, nor is your employer obliged, unless otherwise agreed, to make any payment during this period - see below. If you become ill while you are on additional maternity leave you may ask your employer if you may end the additional maternity leave. If your employer agrees you will not be entitled to the remainder of the maternity leave but will be treated as being on sick leave and you may be entitled to Illness Benefit.

    Public holidays and annual leave

    You are entitled to leave for any public holidays that occur during your maternity leave (including additional maternity leave). The right of employees to leave for public holidays is set down in Section 21 of the Organisation of Working Time Act 1997.

    Apart from pay and superannuation, time spent on maternity leave (including additional maternity leave) is treated as though you have been in employment, and this time can be used to accumulate annual leave and public holiday entitlement


    So who is right? the additional holidays equate to 5 days so she is not sure whether or not its worth it to persue the issue. She has rang citzens info aswell and they confirm what is written above, but her employer still claims she is not entitled to it.
    Thanks.


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    #2
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    orchidsrpretty wrote: »
    Hi, am asking here on behalf of my sister. She was on maternity leave which finished up on the 23rd May. She decided to take and additional 10weeks unpaid leave. When her employer calculated her holidays to date they did not include the additional leave. The employer says this is correct and she is not entitled to include the unpaid leave for holiday purposes although it says on the citzens advice website:

    Additional maternity leave

    From 1 March 2007 you are also entitled to take up to a further 16 weeks’ additional maternity leave. This period is not covered by Maternity Benefit, nor is your employer obliged, unless otherwise agreed, to make any payment during this period - see below. If you become ill while you are on additional maternity leave you may ask your employer if you may end the additional maternity leave. If your employer agrees you will not be entitled to the remainder of the maternity leave but will be treated as being on sick leave and you may be entitled to Illness Benefit.

    Public holidays and annual leave

    You are entitled to leave for any public holidays that occur during your maternity leave (including additional maternity leave). The right of employees to leave for public holidays is set down in Section 21 of the Organisation of Working Time Act 1997.

    Apart from pay and superannuation, time spent on maternity leave (including additional maternity leave) is treated as though you have been in employment, and this time can be used to accumulate annual leave and public holiday entitlement


    So who is right? the additional holidays equate to 5 days so she is not sure whether or not its worth it to persue the issue. She has rang citzens info aswell and they confirm what is written above, but her employer still claims she is not entitled to it.
    Thanks.
    your sister is absolutely and totally entitled to holidays and public holidays accrued during her unpaid maternity leave
    The Equality Authority is the statutory body dealing with the Maternity Protection Act. They are very helpful. Call them on 1890 245 545. in the meantime here is the appropriate section from "Your Maternity Leave Rights Explained" a publication from the Equality Authority
    9.6 Public Holidays
    Employees on maternity leave and additional unpaid maternity leave are entitled to be credited for any public holiday that occurs during their leave. Employees must be given either an extra day’s pay, or a set paid day off within a month, or an extra day’s annual leave per public holiday that occurred during their leave. This also applies if the employer continues to provide full pay to the employee who is on such leave.
    Here is a link to the Word version of this booklet.
    http://www.equality.ie/index.asp?locID=106&docID=53
    If i were your sister i would print it out, highlight the relevant section, and show it to her employer. Try to be as non-confrontational as possible. Often it is the case that bosses just dont know these things. If he/she continues to ignore your sisters entitlement a complaint can be made under the Maternity Protection Act, but for the sake of your sisters future in that firm, she should try to resolve her problem without going down that route.


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    #3
    orchidsrpretty
    Registered Users Posts: 2,138 ✭✭✭orchidsrpretty


    Thanks for the links. She had already raised the issue with her empoyer who in turn has told her that she was wrong even though she told her that she had been speaking to citzens advice etc.. The boss is a bit of a wagon so she prob won't take it any further for fear of her life at work being made hell.


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    #4
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    orchidsrpretty wrote: »
    Thanks for the links. She had already raised the issue with her empoyer who in turn has told her that she was wrong even though she told her that she had been speaking to citzens advice etc.. The boss is a bit of a wagon so she prob won't take it any further for fear of her life at work being made hell.
    thats a pity, but its hard to stand up for your rights, especially at a vulnerable time in your life, going back to work after having a baby.:( i hate to see employers getting away with these things. she might as well be stealing the money out of your sisters pocket.:mad:


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