Maternity Leave and Holidays

nathalfpint

I went into my work place last week as I had not recieve my last 5 days holiday. I was told to come back on Monday(today) and we would look through the rosters etc.

I am currently on maternity leave - I calculated that I had a total hours worked from jan1st 2011 - nov 10th 2011( my last day) that i had worked 1543.75 hours.

"Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 weeks' annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement"
(citizens infomation website)

This meant that I had worked above the 1365 minimum to qualfy for 20 days. I also worked 5 bank holidays in 2011 that were added to my annual leave, as they were not paid within 1 month on the bank hoilday .

Making my annual leave a total of 25 days.

8 days were used prior to my last day- so I had 17 days remaining.

I took 2 days 11th, 12th Nov - PAID FOR 18/11
5 days 14,15,16,17,18 NOV - PAID FOR 25/11
5 days 21,22,23,24,25 Nov - PAID FOR 02/11
5 days 28,29,30,1,2 Nov/Dec UNPAID - WAS DUE TO BE PAID 09/12.

Is it reasonable that I am entitled to the 5 days?

When I went in and spoke to my employer about this they said that my empoloyment had ceased. Nov 10th 2011- my last day

"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"
(citizens infomation website)

I said that because I was on materinty leave that my employment had not ceased, they then said that I had said that I would not be returning to work after i had my baby and that they had hired someone fulltime.

The only notice I ever gave was of my intention to take maternity leave, and that i would hopefully return after 26 weeks.

Because I had said in conversation that I was unsure of my return to work due to child care cost , they cannot take this as notcie , can they?

On my maternity benefit form the employer filled out that June 4th would be he day I am to return to work, but are now saying that there would be NO job there for me in June as they had hired someone new full time.

WHAT I AM REALLY ASKING IS-

1. Am I entitled to get paid for the 5 days holiday?

2. Do the employers have to keep my job open for me , and fire the new full timer when I finish my maternity leave?

SORRY FOR THE LONG EXPLANATION -

Eoin

Not sure about the leave one, but on this one:

2. Do the employers have to keep my job open for me , and fire the new full timer when I finish my maternity leave?

No, I am pretty sure you are entitled to an equivalent job. Not necessarily the exact same one.

nathalfpint

thanks for answering no. 2.

leeroybrown

1) You are entitled to accrue annual leave while on maternity leave.

2) Your employer has to return you to the same or equivalent position with no loss in terms.

I'd be considering legal advice if I were you as they're effectively saying that you've given notice. Replacing an employee because they've gone on maternity leave is generally very dodgy ground for an employer.

amen

You need a HR expert but I believe you need to provide notice in writing that you intend to return to work after maternity leave but I have never heard of anyone enforcing this. Most places assume you are returning unless you say you are not.

leeroybrown

amen wrote: »

You need a HR expert but I believe you need to provide notice in writing that you intend to return to work after maternity leave but I have never heard of anyone enforcing this. Most places assume you are returning unless you say you are not.

Ah. I mis-read the OP post and didn't realise that the only notice you had given was that you were taking maternity leave. There is a requirement to give four weeks notice for your return as well as four weeks notice of taking maternity leave. Given this, I really would suggest some legal advice as you're into all kinds of issues regarding who fell down in their responsibilities.

nathalfpint

Thanks for the all thge replies.

The day I am due back to work would be june 4th 2012 , so would have to write notice at the end of April 2012 if i was going to go back to work.

What the company want, is for me to decide now if i am returning - and i haven't even given birth yet.

I thought it would be their issue if they had employed someone in my postion and had not informed them that it would be only a 6 month contract.

They treating it like it is all my fault when really all i did was get preganant and go a maternity leave.

amen

Ahh this makes more sense. You don;t need to let them know if you are returning to work until four weeks before your maternity ends.

They have to keep your job for you when you are on maternity leave.

I suggest NERA or Citizens advice.

Eoin

amen wrote: »

They have to keep your job for you when you are on maternity leave.

An equivalent one, no? They don't have to get rid of the person who took over, if there's a similar job that the OP can do, that doesn't involve a reduction in terms.

leeroybrown

nathalfpint wrote: »

The day I am due back to work would be june 4th 2012 , so would have to write notice at the end of April 2012 if i was going to go back to work.

What the company want, is for me to decide now if i am returning - and i haven't even given birth yet.

Your only responsibility is to give adequate notice. It sound like they're trying to pressurise you into making a decision that suits them. Tell them that it is your current intention to return and will provide them with sufficient written notice when the time comes. Keep a record of any interactions about the issue and if they push it any further seek professional advice.

nathalfpint

These replies are great , thanks everyone for all of your help.