Stargrower Posted November 2, 2019 Share Posted November 2, 2019 (edited) I have a member of staff on maternity leave. She has asked to have the holiday pay she will accrue while on leave paid throughout her maternity leave instead of taking it as holiday at the end of her leave. She has given me the dates that she wants as paid holiday and I have just noticed that they are all on the same day of the week, when she works 2.5 hours longer than the other days. Is it reasonable for me to say I will pay her holiday pay on a mixture of days that she can choose, but not all on her long days? Edit to say: I have put this in the wrong area, but nearly everything in the drop down menu was 'greyed out' so this was the closest I could choose! Edited November 2, 2019 by Stargrower Link to comment Share on other sites More sharing options...
finleysmaid Posted November 2, 2019 Share Posted November 2, 2019 17 minutes ago, Stargrower said: I have a member of staff on maternity leave. She has asked to have the holiday pay she will accrue while on leave paid throughout her maternity leave instead of taking it as holiday at the end of her leave. She has given me the dates that she wants as paid holiday and I have just noticed that they are all on the same day of the week, when she works 2.5 hours longer than the other days. Is it reasonable for me to say I will pay her holiday pay on a mixture of days that she can choose, but not all on her long days? Edit to say: I have put this in the wrong area, but nearly everything in the drop down menu was 'greyed out' so this was the closest I could choose! You need to check on the acas website ...there's lots of info on there. I seem to remember it's based on an average week and then split (if that makes sense!) 1 Link to comment Share on other sites More sharing options...
Stargrower Posted November 2, 2019 Author Share Posted November 2, 2019 Just looked and found this Annual leave An employee continues to accrue all of their paid annual leave (including bank holidays where applicable) while on maternity leave. An employer must ensure that an employee is able to take all of their annual leave at some point. An employer and employee could agree that annual leave can be taken before the maternity leave starts or after it comes to an end. It is important to note that annual leave cannot be taken at the same time as maternity leave. So it looks like I shouldn't be paying her holiday pay during her leave at all as it says annual leave cannot be taken at the same time as maternity leave! Link to comment Share on other sites More sharing options...
Mouseketeer Posted November 3, 2019 Share Posted November 3, 2019 I would read it like that too stargrower and pay the ‘weekly’ holiday pay accrued at the end (as too late for the ‘before’ now). Do you know if hol pay is accrued for mat leave where the person has not been entitled to SMP? Link to comment Share on other sites More sharing options...
Stargrower Posted November 5, 2019 Author Share Posted November 5, 2019 I'm not sure, but I think so. If they are only entitled to maternity allowance I think it's because they don't earn enough for SMP, so I can't see that it would affect holiday pay. Don't take my word for it though! 1 Link to comment Share on other sites More sharing options...
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