Anyone who works in HR?

Hiya, is there anyone who works in HR who could help me out ?
My maternity ends on the 10th of January, so I should be going back to work on the 13th, I have 14 days of holiday that I acquired during my maternity leave, they have told me that I have to use up all of my holiday days before I return to work, so use all 14 days and come back on the 31st of January to work. I have asked them if I could just take couple of days off every week for 3/4 weeks so my little one could only go to nursery 3 days a week for them few weeks so he can get used to it. And then go back to my normal hours and save some days for emergencies. They have said that I can’t do that and I have to use everything before I return, but they will allow me to return on the 30th and carry one day over.
Is there anything that I can do about it ? Or do I just have to use all of my holiday before I return.. ?

Thank you 🌺

Read more on Peanut

The views expressed in community are solely the opinions of participants, and do not reflect those of Peanut.

Learn more about our guidelines.
Add a comment
Avatar

Flexible working policy your work should allow reasonable requests, also it's the law. Put your requests in writing and ask them for their policy. Your employer has to be reasonable, if they are not they need a good excuse and not just saying the needs of the business. Also there is your rights how you wish to use your leave, ask for the company leave policy. Plus be aware of maternity discrimination too are they acting unreasonable to be discriminatory against you as a returning employee. If they still refuse write to HR formally and raise it as a complaint, take advice also from ACAS too also re employment rights.

Avatar

thank you, I’ve had a meeting with this manager she’s meant to be like “hr” she said that it’s at company discretion” that I have to use all of my holiday before I return, when I asked why is that because I would rather save some days for emergencies and don’t use them all at once, she said that it will confuse other people if I take couple of days a week every week.. she said that it’s in the contact that we’re not allowed to carry over any holiday which I said I understand but I was on maternity leave and I’ve had no way of using it.

Also there is another woman who works there - she had a baby a few weeks before and she bring him in into the office, when I asked if I can do the same couple of days per week they said no because she has her own office and I work in an office with another couple of people.

Avatar

Just out of interest how long was your maternity leave? As 14 days doesn't sound like many accrued? I'd definitely get ahold of that maternity policy.

I don't see why people would have any confusion about you using your leave for a more gentle return and to be honest I think being on maternity leave means different things when it comes to holiday, they can't just throw yours in the bin when reasonably you couldn't have taken it because you've been on maternity! When does your holiday balance reset?

Avatar

since 15th of April, so will be 39 weeks in January, I’ve used 6 days before going on maternity, do bank holidays add on aswell? 🤔
And holiday year resets end of December, so from new year

Avatar

I guess they carried holiday over for you but maybe there was a max amount under special circumstances? 14 days is a very round number so sounds to me like they've done 2 weeks but you've lost some? I don't do HR but I have managed a team before and IDK it sounds a bit dodgy to me, did anyone mention this before you went on maternity? As surely if you'd known you'd lose anything over 2 weeks you would have taken more before mat leave started? I'd ask for all the details of what's carried over, I'm guessing because they've carried it over that's why they want it used because then you won't have extra holiday for the year. But I don't see why a phased return to work should be declined, confusing other colleagues is not a good reason. If I were you I'd put the request in writing (email) and push back. Maybe they haven't had many people on mat leave so don't know how to be actual helpful employers. Honestly I just think it's good management to be helpful to returning employees and make things as easy as possible!

Avatar

Bear in mind I'm from a retail background and I think we get better holiday than office workers because we have weekend working/weird hours. But 20 days doesn't sound like many... I might be wrong

Avatar

to be honest I messaged my manager/hr a few weeks ago about my holiday days because no one has contacted me about my return to work, I’ve asked her how many days I’ve got left, as ive used 7 (not 6 - made a mistake there) so should have 14 left, and asked if there’s a timeframe of when they have to be used by next year as I want to carry them over.
Her reply was - yes you have 14 days left, but 5 will be taken off for Christmas closure ( we close every year), and you will have to use the remaining days by the end of the year. So I’ve replied that my maternity ends on the 13 th of January, and I can’t get both maternity & holiday pay, she just said leave it with me and I’ll get back to you..
a few days later they have called me into a meeting about my return to work, she said that you have 14 days left, we want you to use them after your maternity and then for you to come back full time. At first I thought it was a good idea -

Avatar

but then I thought about it and spoke to my husband and decided that I would rather use them to have shorter weeks at work for a few weeks so my little one gets used to a different person easier. When I told her that she said we require you to used them straight after your maternity and then come back to work, when I asked why is that ? As there is no timeframe of when they have to be used by, she didn’t reply for a few days and then called me into the office again, when I got there she just said exact same thing that I need to use them - when I asked what was the point of me coming in then? She just said she doesn’t like doing it over messages

Avatar

further to that, I had completely forgotten about the bank holidays, I have googled it and it says that I should still acquire bank holidays too🤔

Avatar

Apologies for the essay😅

Avatar

Be careful and document everything. Call ACAS tomorrow to get your rights, she's trying to put you in a difficult situation but you have your full legal rights to reasonably request flexible working, especially as you have a little one. If they still said no and you can't return full time this could be seen as constructive dismissal, time frame 3 months to lodge a claim at the tribunal.

Avatar

I don't think this falls under flexible working request as it's just requesting temporary reduced hours using annual leave to top up the pay before a full time return?

I'd definitely send an email over with your request again, saying you know it's been denied but you would like to know the reason and get it all in writing, if they resist say you want it for your records. They should be supportive in making your return to work as easy as possible and although you're not planning to use the accrued leave in the way they might like, you are still planning to use it all up in your first few weeks/month back. As you will still have your standard holiday days remaining for the coming year I would let go of keeping any of the carried over ones in reserve. Idk what you do but settling back in can take time and it will help switch your brain back in to work mode, plus if your little one is starting nursery there may be some settling challenges?

Avatar

I'm currently using my annual leave to cover a Flexi working agreement and this could be for another year, I guess that's the whole point to allow returning mothers to build themselves back up slowly. Another colleague had been on the same thing for the past two years. When I returned I asked my manager for the Flexi policy because I knew my rights and wasn't having them stiff me with their excuses. The thing is the writer in this post is asking for a few weeks, she could do a few weeks but what if then she decides to have an ongoing arrangement if the same. The flexible working scheme is here to cover such things as otherwise the government would not enact it, it's to give employees choice and protect our rights.

Avatar

Usually with flexi working requests the result is a change in contract as when I returned to work. I don't think workplaces are required to let you use holiday as a way to work reduced weekly hours long term but it's great that you and your employer have worked together to find something that works for you. The poster should definitely look in to it and get everything in writing but to me doesn't sound like they have an issue with returning full time when the holiday is used up.

OP I know a lot of people who have gone back to work and used their accrued holiday to help stagger their return, first 3 days a week 2 holiday, then 4 days 1 holiday, etc etc. It's absolutely a reasonable request, I don't know any employers that have said no. So I'd definitely try again and try getting it all in writing and see what they say as they might back down when they realise you're gathering evidence...

Avatar

Hiya, Is 21 days annual leave the normal amount you would get if you weren’t on maternity leave?

If it is then you should definitely get all of your remaining annual leave (14) plus all of the bank holidays that have fallen during the time that you’ve been on maternity leave (6). So you should be entitled to 20 days.

With those days you can ask if you can do a phased return, they can decline it but they will have to give you a reason for why it can’t be done. So for example, work three days per week and have two days off per week using your annual leave.

When I returned to work after my first baby I asked to use up all of my leave like this and was declined (they said for business needs they couldn’t do it), in the end we settled on a phased return for 4 weeks, I return from my second mat leave in March and I’ll be doing the same thing again this time.

I think I saw somewhere in your messages that either your manager or the HR person said they don’t like messaging

Avatar

But I would disregard that, they’re just trying to make sure there’s no paper trail because they know they’re not giving you all of the available options and this could be seen as discrimination.

I would send all correspondence regarding your return to work through email.

Your workplace should have a maternity policy and flexible working/annual leave policy. Before asking for a phased return you should have a look at your work policies and see what they say in regard to returning from maternity leave. If you can’t find it on your own, then ask your HR for a copy to be sent to you through email or a link to where you can find them.

If this doesn’t work, then I would go down the more formal route of putting in a flexible working request form but I think they have 2 months to give you a reply so this may not work for when you want to return.

Like Michelle and Rachel have said I would consult ACAS as soon as possible and ask again but this time in writing through an email.

Avatar

hey, yes 21 days plus bank holidays. See they weren’t even going to tell me about the bank holidays that I haven’t used and in had completely forgotten about it .
I have asked her yesterday to send me over my contract and work policies so will look into when she does..
My manager is basically our HR, I don’t think we even have a proper HR, it’s just her and she does whatever our boss tells her to. It’s not a big company

Read more on Peanut

Trending

in our community

Read more on Peanut