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Holiday pay whilst on maternity leave

(9 Posts)
Catface78 Tue 05-Nov-13 12:01:53

Doing a bit of advanced planning. Can anyone tell me how they were paid holiday pay when you were off? Can you choose to get paid on a monthly basis as you accrue it, including bank holidays? Or do you have to wait and do it in a lump sum at the end?

Thanks!

AndHarry Tue 05-Nov-13 13:55:09

AFAIK you can't be paid holiday pay while also claiming SMP/MA. I just got back to work and am using my accrued annual leave to work part-time until the end of the year as HR said I had to take it rather than be paid in lieu. Last time I definitely got paid a lump sum though so it might just be a changed policy at work.

You legally accrue holiday entitlement whist you are on maternity leave - you can take this enititlement when you return to work. See www.acas.org.uk/index.aspx?articleid=4289 and www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/guidance-on-managing-new-and-expectant-parents/managing-pregnant-women/maternity-leave-and-pay/

Are you hoping to be paid in lieu of taking this holiday leave? If so, it will depend on what you employment contract says, as this isn't a statutory right.

(I don't make any money from any links in my posts)

gintastic Tue 05-Nov-13 14:07:41

I don't think you can be paid in lieu of it, at least for the statutory part (28 days per year). Your company can choose to pay you in lieu for anything in excess of this. The normal way to do it is to tack it on the beginning or end of your maternity leave. Assuming that the end of your holiday year falls during your mat leave, you would take any leave you had left for that year prior to the start of your leave.

For example, I was on maternity leave from October to October, with my leave year finishing in December. So I saved my leave prior, and finished at 35 weeks, took 3 weeks holiday to use it up and then my official ML started at 38 weeks. I was then due to return in October, but I would have had 6.6 weeks leave to use before December, which wasn't possible, so I 'returned' 4 weeks early, took those 4 weeks as paid leave and then came back to work when that was used up. I then had 2.6 weeks to take (to cover half term and Christmas).

Hope that helps!

Catface78 Tue 05-Nov-13 14:12:32

Thanks guys! That's all really helpful. Makes sense now! x

Thurlow Tue 05-Nov-13 14:13:02

I was paid for it, so every other month my 'salary' include x amount for holidays. It must be legal as I work for a law firm, but I don't think it is standard.

gintastic Tue 05-Nov-13 14:17:39

Gosh, I would have loved that! An extra 2.75 days pay each month would have made a massive difference... Mine refused to do it that way.

Thurlow Tue 05-Nov-13 14:32:32

It was quite nice... though less nice to have to return when baby was 8mo as I didn't have 4 weeks holiday stashed away as everyone else did.

gintastic Tue 05-Nov-13 14:53:07

Yes, that's true. Can't have it both ways :-( hope you're enjoying it now you're back :-) I gave my notice 1 week after returning which didn't go down very well!

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