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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I am on maternity leave currently. My employer has paid 10

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I am on maternity leave currently. My employer has paid 10 days of my holiday without my requesting to do so. Leaving me with 10 days less to take upon my return. The days off would be far more valuable to me than a random pay out I did not want. Can they do this?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
Thank you Ben

No problem at all. Please can you tell me how long you have been employed there for?

Customer: replied 1 year ago.
One month off 2 and a half years

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Thank you so much for your time

You are welcome

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.

This is your basic legal position. I have more detailed advice for you in terms of how to approach this depending on which scenario above applies, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Customer: replied 1 year ago.
Thank you. I am still on paid maternity leave at the moment and due to return between now and the very beginning of December.
So I still would have plenty of time to take them upon my request before they expire at the end of December.
Their response was "you have accrued it so far so we paid it out". Not satisfactory in my mind as I will require the actual holidays with having a baby.

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

Customer: replied 1 year ago.
Thank you for your response, along with being pressured for a return date, not even being allowed to put in a request to initially return part time for a while, I think I have plenty to raise a grievance with. Thank you so much again.

You are most welcome