Can I carry over my leave after maternity leave if this was agreed by my previous manager?

I went on maternity leave last year and after I came back to work, I initially filed eight weeks leave but my manager said he can only allow four at the time. So, I asked if I should spread out all my remaining leave up until Spring so I would not lose any. He said I could carry over any unused leave. However, my manager has since left and my leave has not been sorted. I emailed my new manager about my agreement with my previous manager regarding carry over of leave, but she said she can’t give me more than a week’s worth as that is what the trust policy says. Can I argue that the carry over was agreed and that I would have taken my leave if I had not been told I could carry it over?

Annual Leave

 

Potentially you can argue that you should be allowed to carry over your leave on the basis that you acted in good faith based on information that I was entitled to rely on by someone in a senior position.

The question will be whether the manager was authorised themselves to deviate from policy or not. If they were not then you may have a problem in terms of the amount of leave which you can take at any one time, but I can’t see how they could legitimately not permit you to take the leave which you accrued.

You may want to follow this up with the new manager and show her any written correspondence you may have received from the previous manager about the taking of your annual leave.

*Charlotte Geesin is Legal Director of Howarths, a Yorkshire based, award-winning Employment Law, HR, Business Immigration and Health & Safety provider for SMEs across the UK. 



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