# maternity leave, unpaid and holidays - confused



## deemcgiv (23 Apr 2009)

Hi all, 

I am a little connfused and new to ask about money. I am currently 35 weeks pregnant and out on illness related to this. So I am on illness benefit. I had originally planned to take holidays from 10th May to 24th May and then start my maternity leave (state - work dont pay this) However, with the sick leave now I will probably be on this right up to the maternity leave. (25th May) Work suggested paying me holidays now (2 weeks of my 4) but I think if I do this I have to loose illness benefit and if I keep it I have holidays at the end before I return to work?! 

I was due to return to work on 22nd Nov but I had planned taking Unpaid leave of a month minimum so that would have brought me to 21st Dec and then have my 4 weeks holidays from 2009 paid bringing me to 18th Jan. Do you think this is right? Can I hold the holidays this way or and I am not sure I can do this - Can work pay me my holidays now and I hold it and just take more days unpaid at the end of the year. 

Sorry this is so long but I had not really considered I would have needed to go on illness benefit until now and so I didnt realised I could lose out on holiday pay!


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## Nutso (23 Apr 2009)

If you are out sick, the company cannot pay you holiday pay without your consent.  You should advise your company that you intend to take your ML on the allocated date and stay on IB until that.  I think you don't have to inform your company of your return to work date until 1 month prior to the ending of your paid state ML, but it might be no harm to send them an email outlining your position & your intention to take unpaid leave & hols (don't forget you can also claim back any bank holidays that fall during your maternity leave, which should give you an extra week or so) so there is no confusion.


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## deemcgiv (23 Apr 2009)

What if the company is not in a great situation financially at present though - would I be better to take it and hope I still have a job. or hold off with the possibility of not having my pay or my holidays at the end as they may be gone!


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## Yaffle (23 Apr 2009)

I would recommend that you ask if you can get your holidays paid in December 2009 and you will probably get a tax credit back of any credits not used between June and December. Take unpaid leave in January and you can then use the January tax credits in February or March. Assuming you don't need the money now and the company will allow you to do this. 

You should still submit a tax return for 2009 but most of your PAYE tax credits will have been balanced by the December payment.


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## deemcgiv (23 Apr 2009)

Thanks again, Yaffle - Can I do that - finish maternity benefit in Nov. Then take holidays and then take unpaid leave? I though you had to go directly from benefit to unpaid leave?!


This is exactly what I would like to do but I dont think I can.


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## Yaffle (24 Apr 2009)

As far as I know you don't have to finish maternity leave to get your holidays owed paid out. You should be able to get both in December. Whilst you are on maternity leave you are entitled to pay for bank holidays and holidays earned as if you were still working, plus I think any days previously owing to you. These can all be paid out together in December (possibly easier for work) or over the months you are out. For further information look at http://www.citizensinformation.ie/c...ts-to-families-and-children/maternity_benefit.

It's worth considering the tax implications of the timing of the payments (if maternity leave is over 2 financial years) as you might save enough in tax to take extra unpaid leave.


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## huskerdu (24 Apr 2009)

deemcgiv said:


> Thanks again, Yaffle - Can I do that - finish maternity benefit in Nov. Then take holidays and then take unpaid leave? I though you had to go directly from benefit to unpaid leave?!
> 
> 
> This is exactly what I would like to do but I dont think I can.


 
If you are going from Maternity Leave to unpaid leave, you CANT keep your holidays until after your unpaid leave, you must use them first, which is exactly what you want to you, so no problem.


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## Nutso (27 Apr 2009)

huskerdu, it's the opposite, you must go straight to unpaid leave before taking holidays or bank holidays.  

However I'm not sure about the issue of getting payment for holidays due (but not actually taking days) during unpaid leave.


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## Samantha (27 Apr 2009)

I was in this situation two years ago. You cannot take your holidays after your paid maternity leave if you are considering taking unpaid maternity leave- your holidays must be taken at the end of your maternitly leave otherwise you will not be able to claim the PRSI credit for unpaid maternity leave


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## Welfarite (27 Apr 2009)

Moved to employment forum


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## huskerdu (27 Apr 2009)

Nutso said:


> huskerdu, it's the opposite, you must go straight to unpaid leave before taking holidays or bank holidays.
> 
> However I'm not sure about the issue of getting payment for holidays due (but not actually taking days) during unpaid leave.


 
Yes, sorry you are right. 

The OP said unpaid leave, not extended maternity leave which is what confused me.

You must take you accrued holidays after all your maternity leave, paid and unpaid, but if you agree further unpaid leave with your employer, beyond the 42 weeks maternity leave, you cant keep your accrued leave, you must take them first.


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## Yaffle (27 Apr 2009)

I think a lot of it depends on the employment contract and the company policy you work for. 

For clarity I wasn't recommending that you take holiday in between paid and unpaid maternity leave but suggesting that you ask for the holidays to be paid during the unpaid leave in December. This would mean that you could afford to take more unpaid leave as you would have already received the money for you holidays and you'd get the benefit of the tax credits. Theorectically you won't be taking holiday but additional unpaid maternity leave (as the holiday days will have been paid out) but your income would be the same as if you had taken it and improved from the tax credits. 

http://www.citizensinformation.ie/c...conditions/leave-and-holidays/maternity_leave

"From 1 March 2007 you are also entitled to take up to a further 16 weeks’ additional maternity leave, but this period is not covered by Maternity Benefit, nor is your employer obliged, unless otherwise agreed, to make any payment during this period." 

http://www.welfare.ie/EN/Forms/Documents/matl_credits.pdf


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