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Resigning at end of Maternity leave - am I due accrued holiday pay?

(8 Posts)
3CuteButtons Thu 26-Sep-13 14:10:25

Hi,

A little advice please...

I am on maternity leave and start a new job, at a new company, next week.

I resigned from my job 4 weeks ago, with my last day in that employment being tomorrow. I had been on maternity leave since the start of the year and this week was week 39 for SMP purposes. I received my payslip & P45 this morning and note that while they have correctly paid me my final SMP installment, they have not included any sum for the holidays that I will have accrued for the past 9 months.

Is this correct? If I'm due to be paid for my accrued holidays it is just short of £1,000 so I wanted to check!

Thanks in advance!

LaVitaBellissima Thu 26-Sep-13 14:12:28

I left after maternity and was given my full months holiday pay. I'm sure you are entitled to it, check the gov website.

TheGirlFromIpanema Thu 26-Sep-13 14:16:31

I've just posted this on another thread grin

SMP cannot be paid at the same time as any other pay. This is where confusion lies for some employers as you have effectively left at the point that smp stops. They do owe you holiday pay and they do need to pay it though.
they'll have to re-employ you (on paper only) and process the o/s holiday pay.
This will help you understand/explain to them hopefully HMRC maternity rules

Jennyl131 Sat 28-Sep-13 12:30:54

yes, (I administer payroll for our family business). don't forget your holiday entitlement still accrues while you are on mat leave too.

silverstreak Tue 01-Oct-13 21:50:46

Hiya, slight thread hijack here cos this is really similar to the situation I'm about to be in, & as you guys seem to know your stuff I wanted to pick your brains..! Basically, I'm in my last month of smp now (I think I've 2wks left) but according to the terms of my leave I don't have to return to work til Jan; however, I've just received a letter from my boss asking if I know if I'll likely be coming back at all in Jan - we've since moved away from the area so it's a fair question - as if not, she would like to pay me for my accrued holiday in my last pay cheque.... That sounds great, but does anyone know if I should be expecting my mat leave rate of pay, or my previous normal rate of pay for hols leave??

viperslast Tue 01-Oct-13 22:24:14

Silverstreak it may be better for you to start your own thread on this, posters often don't realise there has been a new question posted. Sorry I can't help on this one, not my area but didn't want you to get missed smile

silverstreak Tue 01-Oct-13 22:46:26

Thank you vipers!! will do.... smile

LaVitaBellissima Wed 02-Oct-13 08:32:45

You will be paid holiday as per your regular salary Silver, it's a lovely pay check after all those months of maternity.
My only question though is that I think you still earn holiday pay on the 3 extra months of unpaid maternity so taking your full 12 months off.
Therefore I would say you are undecided, then give written notice when you need to as per your contract saying you will not be returning to work and x last day of your maternity is your leaving date. Does that make sense?

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