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Thread: Combining annual and maternity leave?

  1. #1
    jellybeans Guest

    Default Combining annual and maternity leave?

    Hi, was wondering if anyone knows the rules on combining annual and maternity leave. I told my employer I wanted to take all my annual leave first, and then start maternity leave. I did this deliberately because the annual leave part covered all over Christmas and New Year, and I wanted to get paid for all the public holidays (I believed I was entitled to paid public holidays while on annual leave, but not while on maternity leave). My employer has so far refused to pay me for the public holidays...I'm going to consult wagenet and even a lawyer (friend) if I have to, but no-ones around at this time of year! So I thought I'd see if you guys thought I was in the right??



    Thanks for any advice,

    JB

  2. #2

    Join Date
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    I also am taking annual leave prior to parental leave on the advice of my HR dept that it would allow me to be paid for the public holidays that occur while on annual leave. I was also told that I would be paid for public holidays during the paid part of my parental leave, but not the unpaid part.

    So it sounds like what you're saying is right, if the advice I've been given is anything to go by.

    love
    sushee

  3. #3

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    If you were still on paid leave over the holidays then I would say they have to pay you for the public holidays. Seeing as you haven't officially started your unpaid maternity leave it just seems right to me.
    Definitely get some professional advice if you can, and let us know how you get on.

  4. #4
    Kirsty77 Guest

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    I took annual leave then paid maternity and am now on my unpaid maternity. They, by law, have to pay you for all public holidays whether it be while your on annual or paid maternity. I'd confront your boss and tell them that you know.You could also check your eba agreement(workplace agreement) and check that too.

  5. #5

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    I too used my annual leave (10wks saved up!) & 12 weeks paid maternity leave & am getting paid for all public holidays!

    Good Luck, I believe they HAVE to pay!!!

  6. #6

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    I had 13 weeks maternity leave and 5 weeks annual leave after that then was going to take leave without pay for about 10 weeks. I decided to go back early to work so it turns out that I am paid for all the Xmas holidays including today as it is a public holiday today where I work. They have to pay for public holidays while on annual leave.

    Is it a small business you are working for? A few years ago I donated bone marrow and my boss wouldn't give me sick leave to recover so I had to take annual leave.

  7. #7
    kirsty Guest

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    With regards to the company that I work for (a national one) in our parental leave booklet it says that you can take a combination of annual leave & unpaid leave for your maternity leave but that it still can't exceed 52 weeks in length.

    And as far as I know in regards to the public holidays the company I work for doesn't pay public holiday rates but you will still get normal pay rate if you were rostered to work them. Don't know if this helps you or not.

  8. #8

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    I work for a smallish company with no HR department. The general manager pretty much does all of the payroll and says what goes. When I arranged my maternity leave, he told me that they would pay out my annual leave as though I had quit (in essence they "terminated" my employment and will reinstate me when I go back...although he said not to worry, they only "theoretically" terminated me), so as a result I was not paid for Christmas, Boxing Day, or New Years, even though they fell during the 3 weeks of annual leave, before the unpaid portion of my leave. It sounded strange to me - not sure if its legal or not, but theres no one else at the company to ask.

  9. #9

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    I was told I had to take my maternity leave first, unless I wanted a longer break before the baby was due. The AWA for my work sets out that we have to take maternity leave from 6 weeks before your due date, unless a medical practitioner approves us working later, and we have to start it some time before the due date either way. I am taking some annual leave afterwards though.

    Stefnie, what your work has done sounds a bit dodgy to me, I'd get it checked by a union rep or something (if you have one).

  10. #10

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    Stefnie,

    That isn't right - you should have been paid for those holidays. They also shouldn't be "terminating" you and then giving you only a verbal reassurance that you will be rehired at the end of your leave. This guy is making up the rules to suit himself. Please ring Wageline or similar for some professional advice.

    Regards,

    Mel

  11. #11

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    Melbos right they can't do the "terminating" thing they have to give you official maternity leave (if you ahve been there the right time frame) and in turn this forces them to provide you with the same or similar position on your return. I do believe they have the right to not allow you to tag on annual leave to maternity leave if they want (haven't heard of too many that do this but some do) - under govt legislation - but if he signs off on the annual leave then you should have been paid for the public holidays as I see it.

  12. #12

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    Stefnie

    I was just reading this post - not sure if you have sorted it out or not - but the other issue with "terminating" and paying out the leave is that you don't get the 17.5% loading (if you were getting it). On three weeks that is an extra 3 days almost - added to the public holidays that is more than an extra weeks pay you should be getting.

    Taff

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