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Maternity and annual leave

  • 12-01-2016 03:15AM
    #1
    Registered Users, Registered Users 2 Posts: 3


    Hi there, I'm hoping someone will be able to help here. I'm currently on maternity leave and I'm trying to work out my options for returning to work . As I have accrued holiday time while on maternity leave , if I decide to not return to work , am I still entitled to get paid the annual leave that I have accrued ? Also I am currently on a 39 hour contract , and one of my options could be to reduce it to a 12 hour contract. If I decide to do that , will the holiday time I have accrued while on maternity leave be paid at the 39hours a week rate or the 12 hours a week?


Comments

  • Registered Users, Registered Users 2 Posts: 3,379 ✭✭✭toadfly


    No you won't lose the entitlement, it will be paid to you with your final pay. You also accrue holiday pay for the additional unpaid leave if you take it.

    It should be paid at the higher hour contract.


  • Registered Users, Registered Users 2 Posts: 3 mini-sarahjane


    Thank you ..., I just want to have my information before I make my decision ,


    toadfly wrote: »
    No you won't lose the entitlement, it will be paid to you with your final pay. You also accrue holiday pay for the additional unpaid leave if you take it.

    It should be paid at the higher hour contract.


  • Registered Users, Registered Users 2 Posts: 26,706 ✭✭✭✭Mrs OBumble


    toadfly wrote: »
    It should be paid at the higher hour contract.


    Are you sure?

    Accrued leave can only be paid out if the person leaves.

    If the person returns to work and takes the time, then it will likely be paid out at the wage which applies at the time.

    So if taking on a part time role includes moving to a lower hourly rate, the pay may be lower.


  • Registered Users, Registered Users 2 Posts: 3,379 ✭✭✭toadfly


    Are you sure?

    Accrued leave can only be paid out if the person leaves.

    If the person returns to work and takes the time, then it will likely be paid out at the wage which applies at the time.

    So if taking on a part time role includes moving to a lower hourly rate, the pay may be lower.

    If she takes her accrued holidays before returning to work, she should get the higher hours surely? Any holiday calcs should be based on time worked before maternity.

    If she was to wait 6 months before taking holidays, then yes it would be the lower.


  • Closed Accounts Posts: 466 ✭✭beanie10


    toadfly wrote: »
    No you won't lose the entitlement, it will be paid to you with your final pay. You also accrue holiday pay for the additional unpaid leave if you take it.

    It should be paid at the higher hour contract.

    I'm not sure this is correct.My partner got legal advice on this 4 yeasr back. I know if the employee fails to return to work that all maternity money paid through maternity benefit will be taken back.
    If that is the government stance on the situation then I dont think the employer is liable for the public holidays or holiday accumulated during the maternity leave. In other words your date of leaving is not the day you were due back but the day you left for maternity leave.
    Solicitors advice would be needed here.


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  • Registered Users, Registered Users 2 Posts: 3,379 ✭✭✭toadfly


    beanie10 wrote: »
    I'm not sure this is correct.My partner got legal advice on this 4 yeasr back. I know if the employee fails to return to work that all maternity money paid through maternity benefit will be taken back.
    If that is the government stance on the situation then I dont think the employer is liable for the public holidays or holiday accumulated during the maternity leave. In other words your date of leaving is not the day you were due back but the day you left for maternity leave.
    Solicitors advice would be needed here.

    Every single word of this is incorrect.


  • Closed Accounts Posts: 466 ✭✭beanie10


    toadfly wrote: »
    Every single word of this is incorrect.

    As I said ask solicitor you be surprised.


  • Registered Users, Registered Users 2 Posts: 3,379 ✭✭✭toadfly


    beanie10 wrote: »
    As I said ask solicitor you be surprised.

    Never mind solicitor, there is no need. It is complete waffle.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    beanie10 wrote: »
    As I said ask solicitor you be surprised.

    MB is dependent on the PRSI contributions made.

    Op, though employers cannot generally make payments to employees in lieu of unused annual leave, the one exception is when the employee is owed annual leave on termination of employment. You receive any leave owed in your final payslip.

    When returning to work after ML, you are entitled to the job and conditions you held before you went out on leave. But you are not entitled to a different job and conditions unless it is by agreement with your employer. You are entitled to any leave you have accrued irrespective of any change in pattern, you have earned that leave already based on your longer working week. You can then calculate how many hours/days you are owed and apply them to your new working week.


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