extended maternity leave

monflat

Right o.
I'm due back to work on 20 feb there or there abouts.

I have 3 children and weighing up childminding options etc.
I'm going to apply for a career break.

I emailed work 3 weeks ago asked them to calculate with holidays I was due for 2014 and first half of 2015
When was my due date back at work

As once I knew date I would apply a month before for career break.

Ok so I have not let on yet my intentions about career break.
So they told me I'm owed so many holidays and it brings me up to first week of March. 2014 hols
I have to come back for two days then take 87 hrs holidays which are 2015 holidays
.
Am I asking too much in sayin they knew I was on maternity leave
They knew I had to take all holidays before I.came back but there is no holidays available for that two days and I have to come back.. Only a certain number of holiday hours allocated each week

Ok the other question is if I just fire ahead write my letter of application for a career break.
Will my holidays be paid to me ( all our holidays are paid anyway)

monflat

Actually mod can change title of my post.
I'm not really looking for extended maternity leave..

My head all over the place since they told me I have to come back for two days!

seamus

OK, your post is a bit all over the place. From what I gather:

- You're currently on maternity leave and due back on 20th Feb.
- You've asked your employer to calculate your remaining holiday entitlements
- You want to use the holidays that are due to you to extend your maternity leave and then take a career break.
- Your employer has asked you to come back in for two days on 20th Feb because the holiday calendar is full or something

So, just for clarity, you are not entitled to use your outstanding holiday days at the end of your maternity leave. When you take your holidays is at the discretion of your employer, they are just legally required to ensure that you take all of your holidays.

Any outstanding holiday entitlements for 2014 must be taken in the first half of 2015. It makes absolute perfect sense to calculate what your full entitlement will be at 20th February and to take them then, but there's no reason why your employer can't require you to return to work for two days before taking your holidays.

You can put in your application for a career break at any time. As I understand it, since a career break is not a formal cessation of employment, your employer cannot pay you for any outstanding holidays. So your career break will begin after you have taken all of the holidays you are due. It's a technicality, but you'll go on X days paid holidays, and then go on career break.

BizzyC

But the 2015 holidays will be based on an accrual rate of time employed.

So if you take a break of say 3 months, you should only be entitled to 75% of your 2015 holiday entitlement.
If you were to take 100% of your entitlement, and also take a career break the employer may be able to charge you back those days you've taken and haven't earned through working.

monflat

Ok
Thank you both for your replies.

I suppose they always had the unwritten rule that all holidays must be taken before you return from leave.

So if I apply for a career break do I apply from the date I'm due back in February or from the date I'm due to go back and work the two days.


The best thing is to contact them I know but I don't really want to divulge my intentions just yet.

greendom

monflat wrote: »

Ok
Thank you both for your replies.

I suppose they always had the unwritten rule that all holidays must be taken before you return from leave.

So if I apply for a career break do I apply from the date I'm due back in February or from the date I'm due to go back and work the two days.


The best thing is to contact them I know but I don't really want to divulge my intentions just yet.

Would you be in a stronger position if you requested parental leave when your annual leave had finished - or is there a specific career break scheme with your employer ?

monflat

greendom wrote: »

Would you be in a stronger position if you requested parental leave when your annual leave had finished - or is there a specific career break scheme with your employer ?

Ah they won't grant parental leave at all
They want " full time employees " not a heap of mothers who want to do 20 hrs Week .

And if we don't like it there are plenty more out there looking for jobs.!

That's what our manager told us over and over!

greendom

monflat wrote: »

Ah they won't grant parental leave at all
They want " full time employees " not a heap of mothers who want to do 20 hrs Week .

And if we don't like it there are plenty more out there looking for jobs.!

That's what our manager told us over and over!

Fair enough - they won't even give you the option of doing parental leave full time i.e. doing no hours at all for a period of up to 18 weeks ?

monflat

greendom wrote: »

Fair enough - they won't even give you the option of doing parental leave full time i.e. doing no hours at all for a period of up to 18 weeks ?

Anyone who asked has always been refused.

I commute an hour each way do 13 hr shifts. 4 days a.week and have 3 children under 4
So at the moment my place is at home.
I just can't face back in to the commute and long hours again.

RentDayBlues

monflat wrote: »

Anyone who asked has always been refused.

I commute an hour each way do 13 hr shifts. 4 days a.week and have 3 children under 4
So at the moment my place is at home.
I just can't face back in to the commute and long hours again.

Legally they can only refuse your application for parental leave twice, at which point they have to give it to you or make a case as to why not.

Have you taken your unpaid maternity leave?

So if you want to extend maternity leave it goes like this:

Maternity leave
Unpaid maternity leave
Holidays owing
Parental leave
Holidays owing
Return to work or in your case career break

The leave is there to be used to care for your kids

monflat

RentDayBlues wrote: »

Legally they can only refuse your application for parental leave twice, at which point they have to give it to you or make a case as to why not.

Have you taken your unpaid maternity leave?

So if you want to extend maternity leave it goes like this:

Maternity leave
Unpaid maternity leave
Holidays owing
Parental leave
Holidays owing
Return to work or in your case career break

The leave is there to be used to care for your kids

Ok this year I found commuting and pregnancy tough goin with a few issues also.
Tough looking after children on days I was not working.
I applied for parental leave Unpaid. . And I applied for unpaid leave giving me a month in total.
Both were refused.

I yet have to ask for extended maternity leave.
But I'm unsure of whether to just hand in my notice and resign completely or just apply for a career break.

.

RentDayBlues

monflat wrote: »

Ok this year I found commuting and pregnancy tough goin with a few issues also.
Tough looking after children on days I was not working.
I applied for parental leave Unpaid. . And I applied for unpaid leave giving me a month in total.
Both were refused.

I yet have to ask for extended maternity leave.
But I'm unsure of whether to just hand in my notice and resign completely or just apply for a career break.

.

They cannot refuse unpaid maternity leave to you, it's your legal right. Paternity leave can be postponed by the company but not indefinitely

Perhaps you need to update them on your entitlements as they don't seem to be aware http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/maternity_leave.html

RentDayBlues

monflat wrote: »

Ok this year I found commuting and pregnancy tough goin with a few issues also.
Tough looking after children on days I was not working.
I applied for parental leave Unpaid. . And I applied for unpaid leave giving me a month in total.
Both were refused.

I yet have to ask for extended maternity leave.
But I'm unsure of whether to just hand in my notice and resign completely or just apply for a career break.

.

Sorry, re reading your post I assume you applied for leave while pregnant not since the baby arrived? As in to go on leave early?

therecklessone

OP, you are entitled to 16 weeks unpaid maternity leave after your period of paid maternity leave. You must give four weeks notice of your intention to take this.

That is a statutory entitlement, your employer cannot refuse that.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/maternity_leave.html

See the section "Additional maternity leave"

As has been described earlier you are also entitled to statutory parental leave which may be temporarily postponed but only within certain criteria. See here for a Workplace Relations booklet explaining your rights.

monflat

RentDayBlues wrote: »

Sorry, re reading your post I assume you applied for leave while pregnant not since the baby arrived? As in to go on leave early?

Yes I applied for leave while pregnant as I have two other children.
This was not granted.

The organisation( a hse funded one)
Have refused numerous other people leave.

Management never got back to them to say no I'm not granting you 24 hrs leave a.week but we can grant you parental leave of a block of 6 weeks..
No alternative was offered.
The letter I got was " I regret to inform you that I am not granting you parental leave at this time. "

monflat

therecklessone wrote: »

OP, you are entitled to 16 weeks unpaid maternity leave after your period of paid maternity leave. You must give four weeks notice of your intention to take this.

That is a statutory entitlement, your employer cannot refuse that.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/maternity_leave.html

See the section "Additional maternity leave"

As has been described earlier you are also entitled to statutory parental leave which may be temporarily postponed but only within certain criteria. See here for a Workplace Relations booklet explaining your rights.

Part of me wants to jack in the job altogether.
Realistically it's not going to work.
I will find relief or temporary work somewhere. A few hours a month to pay extra bills etc.


Like to be honest I don't plan on going back but the option of a career break is there.

Pressure from my mother never to leave my " good pensionable job "
As I do say to her what good is a pension if I spend some of my life suffering from a mental break down.
.

mrsbyrne

monflat wrote: »

Yes I applied for leave while pregnant as I have two other children.
This was not granted.

The organisation( a hse funded one)
Have refused numerous other people leave.

Management never got back to them to say no I'm not granting you 24 hrs leave a.week but we can grant you parental leave of a block of 6 weeks..
No alternative was offered.
The letter I got was " I regret to inform you that I am not granting you parental leave at this time. "

The law says your employer is entitled to say you must take parental leave in a 6 week block.
The law says you are entitled to
16 weeks unpaid maternity leave immediately after the 26 weeks. You will be accruing holidays in this period.
The law says that your employer is entitled to refuse you your holidays immediately after maternity.
The law says nothing about career break.
Beware you will not be entitled to any SW while on either unpaid maternity or career break.

Mrs OBumble

monflat wrote: »

Part of me wants to jack in the job altogether.
Realistically it's not going to work.
I will find relief or temporary work somewhere. A few hours a month to pay extra bills etc.


Like to be honest I don't plan on going back but the option of a career break is there.

Pressure from my mother never to leave my " good pensionable job "
As I do say to her what good is a pension if I spend some of my life suffering from a mental break down.
.

Indeed.

I've been holding back in case someone said something OTT and I had to moderate.

But really you sound like you need (and want) to think about the bigger picture of your life and life-goals. And a pension with health problems and kids raised by child minders may not be what you really wan to achieve.

I reckon I can guess what industry you work in. And if I'm right, the job opportunities in that industry are only likely to grow as the population ages. Based on that, I wouldn't put too much store on what your mother thinks.

Working 4x12 hour shifts with as many family committements as you will have for the next lots of years (wayyy more than 5 years) will be an enormous challenge. And it doesn't sound like your current employer is particularly family-friendly.

It's a tough call, I know. And easy to get caught up in legal entitlements vs your own goals.

Also, looking at the bigger picture, if you're on extended leave, than means the employer needs to keep your position open - so someone else gets stuck with temporary contracts for years, too. I know they're not your problem directly, but sometimes it's good to think about the overall industry impact of things too.

Good luck with whatever you decide to do.