Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
No problem at all. Please can you tell me how long you have been employed there for?
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Many thanks for your patience. When you go on ML you will usually have some holidays accrued for the current holiday year which the employer would generally want you to take before you go away because the law does not currently allow employees to carry over their statutory holiday allowance. So if you would have lost the leave for the current year had you not taken it before you went on ML, the employer could have decided to pay you for that instead of you losing it. Any leave which you have accrued in the holiday year of your return from ML should be given to you to take once you return from ML.
So it really depends on when the leave in question was accrued and due to be taken. If it was leave which was due to expire before you returned from ML then the employer could have paid you the equivalent because you would not have had the opportunity to take it before your return. If it was leave which would have still been available for you to take in the holiday year during which you returned from ML, they should have allowed you to take it once you returned rather than just pay you for it.
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If these are holidays from the current holiday year then they should not have just paid you for them but allowed you to take them at the end of your maternity leave and at a point before they expire. So you can raise a grievance over this and argue that this is potential maternity discrimination as you are being treated detrimentally for being on ML
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