NHS Annual Leave Query...

[ClaireEliza]

Hi all,

I was wondering if anyone else works for the NHS and could help me out with a query?

I had been hoping to take all my annual leave (29 days) before I go off on Maternity leave which I hope to do mid July, which is 11 weeks before my due date which is 2nd October.

I did not see this being a problem to take all the days before going off, seeing as you continue to accrue annual leave while on maternity leave anyway.

Yesterday I called HR and the girl I spoke to seemed to be saying that I can only take what I have accrued, pro rata, before I go off for Maternity leave. I can take anything out-standing at the end of maternity leave. I don't want to do this.

I don't see why the number of days I have accrued "pro rata" is suddenly an issue now I am pregnant, but has not been for the previous years I have been working for the NHS and not been pregnant. This year, for example, I took about 85% of my leave days in the first 7 months which clearly, is not pro rata rate!

I am requesting all my leave days up front to help me through pregnancy, and to help them too so I don't need to go off sick. I have a medical complication that could make pregnancy more unpredictable even than usual.

I am really upset by the reply from HR, especially because it does feel discriminatory for me to be able to take most of my leave at the start of the leave year when not pregnant, but when I am pregnant, it suddenly becomes an issue.

I would appreciate if there are any former or current NHS employees on here who could tell me what has happened for them?

Best wishes,

ClaireEliza

( By the way, our financial year / holiday year runs 1st April - 31st March. )

[Chazb]

I don't work for Nhs but this is what the UK gov site says about holiday leave..... do you have an employee handbook or anything as part of your contract to say that its calculated differently for maternity leave years? Hope you get sorted

gov.uk/holiday-entitlement-...

An employer must usually tell their staff the dates of their statutory leave year as soon as they start working, eg it might run from 1 January to 31 December.

Workers must take their statutory leave during this time. If a leave year isn’t set out in a contract then it will start:

on the 1st day of a new job (if started after 1 October 1998)

on 1 October (if started on or before 1 October 1998)

The leave year and holiday entitlement is not affected by maternity, paternity or adoption leave. The employee still builds up (‘accrues’) holiday over these periods.

[ClaireEliza in reply to Chazb]

Thank you Chazb for replying. That's a useful link. I'm still looking into the matter and every bit of extra info helps!

There isn't anything in our local mat leave or annual leave policy to explain my situation except in the annual leave policy which says "dates selected by employees to take leave on must be approved by a manager and fit with the needs of the service". However, my line manager hasen't given me any justification for not letting me take my leave like it being "bad for the service needs" etc.

X

[embiemomma]

I work in the NHS, that sounds like rubbish!!! I presume you're talking about your 2917/18 entitlement? I don't see why you can't if so. Do you plan to take it all, then start mat leave on your due date? Bear in mind, if you have the baby in your annual leave, you automatically start mat leave (but the remaining annual leave *should* be added on the end - think it's manager discretion) I would speak to someone else in HR... Or just sort it with your line manager, I rang HR for advice but that was all, sorted the rest with my boss and took the matb1 form to payroll, was relatively simple! Worth remembering, your NHS pension stops on mat leave then they take it all our when you return! Just a warning as a lot of colleagues didn't realise this and their first pay cheque was crap!

[ClaireEliza in reply to embiemomma]

Thanks Embiemomma.

Didn't realise about pension contributions so that' s useful to know.

I am definitely going to contact HR about this again for a second opinion. It just can't be right that they want to withhold most of annual leave from me until when I get back when I badly need to take it before to get through the pregancy. X

[embiemomma]

oh, and check your local trust's maternity leave policy - it should say in there.

[MrsParker]

I work for the NHS and wanted to do the same however have been told that I can also only take what I have accrued (hard because I am going on leave mid may)

When I queried this, it is because a high rate of people take maternity leave then decide not to come back. It prevents you ending up owing your Trust holiday. It is unfair but I do understand. In surprised no one in your HR department took the time to explain this.

[ClaireEliza in reply to MrsParker]

Thanks MrsParker. No one did explain this to me so it's been useful to hear about your experience.

I understand their line of reasoning to a point but I am not clear on how I could end up owing the Trust leave when I will be on maternity leave July until April anyway and therefore technically still have accrued my remaining days of leave, even if I don't return?

I am going to call HR about it all again today to get them at least to be upfront with me.

Am seeing the GP tonight and will also discuss with him.

[MrsParker in reply to ClaireEliza]

It's the same as if you didn't return you would no longer be entitled to the maternity pay and have to pay that back, even though it's in a new financial year. 😢

[ClaireEliza in reply to MrsParker]

No! Seems unfair. It's only 3 months you've got to return for after all. 😣

[roxannacar]

Hr should have a written policy. Ask for this. I'm NHS worker ... I took most of my days off before Mat leave at 35 weeks of it and then started mat leave on due date.

Also apart from annual leave days you. Also you accrue bank holidays (8 if taking a whole year)

[ClaireEliza in reply to roxannacar]

Do you?! I'm sure I read somewhere you don't accrue the bank holidays. But if you do then that's wonderful news!

[ClaireEliza]

Just had update on this when calling HR again and speaking to someone else. Apparently taking your full 2017-2018 leave allowance may be possible before starting maternity leave but only with your manager's consent. It needs to fit with "business needs". I have forwarded details to line managers etc and sincerely hope I get the answer I would like! 👌

[Bee149 in reply to ClaireEliza]

Hi Claire, Just in case it's not sorted with your managers... Generally an employer can apply their usual annual leave policy to see if they can allow leave on a particular day so they may knock certain days back but ultimately, whether it works for the business or not, you have a right to take all of the annual leave that you will accrue up to the end of your current holiday leave year before you go on maternity leave. This includes all contractual leave (i.e. Any time off with pay you would have benefitted from had you not been going on Maternity leave). The law says you shouldn't suffer a detriment because you're going on Maternity leave. This applies the same with the NHS as it would any other employer.

For the new leave year that starts whilst you're are on Maternity leave you will be entitled to take the usual allocation of leave, same as everyone else when you return.

Taking the leave before your Maternity leave starts is important as there is no statutory right to take it forward into the next year (although you could look at the policy to see if it allows any carry forward if you'd be happy to carry some forward) so if you don't use it you could lose it.

If they won't agree the leave verbally you should make sure you put the requests in writing/ on an email and give at least double the amount of notice compared to the amount of time you want take - for example, if you want to take a two day block, you should give at least 4 days notice (unless under the policy you'd usually need to give more than that, in which case, make sure you give the usual notice required).

If you can't resolve it informally you could give Acas a ring on 0300 123 1100. It's a free government funded service. They can tell you what your options are to further try to resolve the situation.