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i started my maternity today, i still have 10days holidays to take and my boss has told me i will not get my holiday pay for those 10days at the end of the year like i would normally he told me i have to have a year off maternity wether i want to or not which i dont i only want 6months, and that my holidays from this year will pbe paid when i stop maternity in december 09 is he allowed to do this i could really do with those 10days pay this month!
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There are people on here who are experts on employment rights and payroll who will no doubt be able to help properly when they see it.
However, I wouldn't have thought you can insist on being paid for holidays not taken unless it says in your contract of emplyment that you can. Neither would I have thought he has the the right to hold over payment for a year. He can insist you take them now or lose them though so unless you want to take them now and start maternity theoretically 10 days later then I'd imagine it's better to be paid next year than not at all.
However, I wouldn't have thought you can insist on being paid for holidays not taken unless it says in your contract of emplyment that you can. Neither would I have thought he has the the right to hold over payment for a year. He can insist you take them now or lose them though so unless you want to take them now and start maternity theoretically 10 days later then I'd imagine it's better to be paid next year than not at all.
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well i asked him 4months ago if i could take 10days holiday then start my maternity from there, i asked him so many time in writting he never got back to me about it and now he saying that becus i have not told him the intended date of maternity leave he is starting it for me from today and ill get my holidays when i return next year in dec 09 and if i dont return he wont pay them me at all. he has done this on purpose becus i was off on sick in hospital so he was only paying me sickpay and didnt want to pay me holiday pay so he waited until now when he has the write to start my maternity for me and the rite to withhold holidays until next year! its just very sneeky the way he has done this so that i cant have my pay knowing i really dont want to go back after my maternity becus he has been so horrid to me while iv been in hospital ringing me saying he dnt believe im even ill!
Hi carliex,
Have a look at ACAS and maybe get in touch with them?
http://www.acas.org.uk/index.aspx?articleid=14 61
Best Wishes.
L.
Have a look at ACAS and maybe get in touch with them?
http://www.acas.org.uk/index.aspx?articleid=14 61
Best Wishes.
L.
What is your boss going to do when it comes to paying you your holiday accrued over the course of your maternity leave? Oh yes, I am sure he thinks you aren't entitled to holidays whilst on ML, but you are.
You were perfectly within your rights to ask to have your 10 days then start mat leave (how many weeks are you?) You will alos be entitled to 9 months SMP.
When you say you were paid sick pay, do you mean SSP? Your employer doesn't pay this, the government do and it is a statutory right
This is not a case of 'better to be paid next year than not at all', you are entitled, by law, to a certain amount of holidays per year and, within reason, you can have them when you like unless the firm closes for 2 weeks in the summer etc etc.
Do you have an HR department?
Please use the web sites linked here, print off what you are entitled to and post it too your boss recorded delivery so he cannot say he didn't receive it.
Don't let him get away with treating you like dirt - he doesn't tell you how long you have off, you tell him (as long as you dont take more than 12 months and are entitled to AML)
He really need to brush up on the legal side of things with regard to ML - be the one to tell him
You were perfectly within your rights to ask to have your 10 days then start mat leave (how many weeks are you?) You will alos be entitled to 9 months SMP.
When you say you were paid sick pay, do you mean SSP? Your employer doesn't pay this, the government do and it is a statutory right
This is not a case of 'better to be paid next year than not at all', you are entitled, by law, to a certain amount of holidays per year and, within reason, you can have them when you like unless the firm closes for 2 weeks in the summer etc etc.
Do you have an HR department?
Please use the web sites linked here, print off what you are entitled to and post it too your boss recorded delivery so he cannot say he didn't receive it.
Don't let him get away with treating you like dirt - he doesn't tell you how long you have off, you tell him (as long as you dont take more than 12 months and are entitled to AML)
He really need to brush up on the legal side of things with regard to ML - be the one to tell him
thankyou for your answers god this has been going on all through my pregnancy its so frustrating having an employer like this, with nasty phone calls ect.. yes i will print it off and send it to him. i am 37weeks now but i wanted to start my maternity 2weeks ago and told him this but as i did not put it in wrtting i cant prove iv told him so hes saying i have not told him so he can now do as he pleases.
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Carlie, your best bet about the holiday stuff would be to call ACAS.
ACAS help with all sorts of work related problems, not just maternity thing
I think what your employer is trying to do is make you go back to work by with holding your money.
For goodness sake dont tell him if you decide not to go back or I get the feeling he may want to stop your SMP as well. Incidentally, if you decide not to return to work (and I think if I were you I'd look for another job) you do not have to tell him you aren't going back, you just don't turn up - not something I would normally advise but in the a-holes case I would relish the thought of the look on his face :-)
ACAS help with all sorts of work related problems, not just maternity thing
I think what your employer is trying to do is make you go back to work by with holding your money.
For goodness sake dont tell him if you decide not to go back or I get the feeling he may want to stop your SMP as well. Incidentally, if you decide not to return to work (and I think if I were you I'd look for another job) you do not have to tell him you aren't going back, you just don't turn up - not something I would normally advise but in the a-holes case I would relish the thought of the look on his face :-)
Just to clarify here, there's a lot of people claiming he can't withhold holidays from you and I'm sure they are absolutely correct. You ought to be entitled to take the holidays now and start maternity leave later.
But that wasn't what you asked in the first question. You asked if he could withhold payment for holidays not taken from you. And the answer to that is probably that he doesn't have to pay you for holidays not taken at all (unless it says you can sell holidays back to the firm in your contract of employment). It may be that established precedent could also be claimed if it's what normally happens even if it isn't in the contract.
But that wasn't what you asked in the first question. You asked if he could withhold payment for holidays not taken from you. And the answer to that is probably that he doesn't have to pay you for holidays not taken at all (unless it says you can sell holidays back to the firm in your contract of employment). It may be that established precedent could also be claimed if it's what normally happens even if it isn't in the contract.
well i have read on the goverment website that he can keep holidays un taken untill i finish maternity but i already knew this thats why i asked him 4months ago in a meeting and in writting numerus times if i could have my holidays and so he didnt answer me on purpose knowing that if he waited as long as poss he could start my maternity for me and not have to give me holidays untill next year! becus i was on ssp and he didnt want to have to pay me and once i started my materity he still doesnt pay me i get mat allowence from goverment so he just done it really sneeky so he doesnt have to pay me for another year!
Unless you were off ill with a pregnancy related illness, towards the end of your pregnancy your employer cannot start your mat leave for you - until you give birth of course lol. You can work until the day before you have your baby, in fact you can continue working until you are overdue by 2 weeks or even 3 and he cannot start your mat leave fro you unless you choose to start it.
As redcrx says, you can take as little as 2 weeks off (this I believe is compulsory) but how long you actually take is down to you - 2 weeks, 4 months, 6 months or 9 months with the 3 months AML on top. Dont let him bully you
I wish you luck, employers like this should not be allowed to get away with treating his employees, pregnant or otherwise, like this
As redcrx says, you can take as little as 2 weeks off (this I believe is compulsory) but how long you actually take is down to you - 2 weeks, 4 months, 6 months or 9 months with the 3 months AML on top. Dont let him bully you
I wish you luck, employers like this should not be allowed to get away with treating his employees, pregnant or otherwise, like this
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