Help with holiday entitlement?

[JustABasicWitch]

Hey,

I posted previously about trying to help my Sister figure out some issues with her employer and although I have made headway Im now a little stuck again and could really use some more help from people who may know more about this!

To try keep as short as possible my sister was told by her Employer that she didnt have any holiday entitlement last year as she went on maternity leave which was paid by MA rather than SMP (she hadnt been paid enough by them to qualify for SMP).

I helped her reply to their emails and she got asked to call up today, which she did. Theyve come back and advised the Accountant made a mistake with the holiday entitlement - apparently they worked it out using a 12-wk period just prior to her little one being born which included a period of sick leave and so it worked out incorrect.

Theyve now advised they realise this was worked out wrong and have re-done it using an earlier 12 week period. Shes been told she has 21.18 hours of holiday entitlement from last year which they are going to pay with her next wage.
Im not sure why theyve worked it like this, as although she does 'shifts' they are never the same length as depends on clients needs, and not always the same days.

Im a little more confused though now - shes down for 16hours a week, quite often works more - but even going by the 16/week then holiday entitlement in a year is just over 89 hours.
She didnt take any holidays last year, and it should have still being accrued during Sick Leave and Maternity Leave...which is the issue we had to begin with.

If the 21 hours has been worked out for that specific twelve week period, should it not then be applied to the rest of the year?
Which makes it to almost the 89.something hours I would have thought?

Thank you for any help!

[leghairdontcare]

So she has a contract for 16 hours a week?

If so, She should get her holiday entitlement for the whole year irrespective of sick leave or maternity leave.

[JustABasicWitch]

Thank you for replying,

Thats as I though, but it confused me with them saying they'd worked it out over a 12-week period, I dont really know why but im assuming because she worked extras some weeks...

Its the fact theyve worked out this '12 week period' from Jan to March and said 'oh yeah we got it wrong, you were due 21 hours of holiday' - but like wheres the rest of the years?!

Shes due in to talk to them tomorrow - funnily enough they didnt respond back to the email, said its better to talk to people on phone or face to face.

Thank you again,