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entitlements during unpaid additional materity leave

  • 01-04-2013 1:43pm
    #1
    Registered Users, Registered Users 2 Posts: 285 ✭✭


    Hi,
    Just a quick question I hope someone here can help. Under the terms of my employment, I am entitled to 5 days of study leave when attending a course directly related to my employment. My staff handbook states that leave is granted at the disgretion of the employer.
    I am in year 3 of a degree. I have recently returned from maternity leave (including unpaid additional maternity leave) and my employer has notified me that my entitlement to study leave is to be pro-rataed because I took the unpaid additional maternity leave.
    The employer has not pro-rataed study leave for any other employeee in the past. Can they do this??? I understood that all rights and entitlements (excluding pay) were protected while on maternity leave?
    Thanks in advance of the very helpful replies.


Comments

  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    I know for holiday / public holidays it is as if you worked, but other benefits can be dependant on working in the time.

    I think only the Citizens Information could advise on this as it is subjective. The act only mentions that you should have the same entitlement as someone who was working while you were on maternity leave.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    You mention that the study leave is at the discretion of your employer. As long as that is stated clearly in your contract then it is entirely as it says - at their discretion. They can give some, all or none and that is at their discretion. As long as they don't explicitly say 'we're not giving you all 5 days cos you got pregnant' I can't see that there is anything wrong with what they are doing. Disappointing for you but I can't see there is anything you can do about it.


  • Registered Users, Registered Users 2 Posts: 4,337 ✭✭✭Bandana boy


    Seems fair to me
    Your company gives 5 days per year

    This year you will not work a full year so they are pro rating it down.

    On top of that they have clearly stated that all study leave will be at their discretion

    Belts and braces from the company here


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