Holiday accrual during maternity leave

[Nateismine]

Please could someone help me. My nanny is towards the end of her maternity leave and I have made her redundant as I no longer need the help. Her contract states her Holliday allowance as '4 weeks pro rata plus the usual bank holidays'. Do I have to pay her for any bank holidays that have passed whilst on maternity as well as the 4 weeks?

Thanks

Yes

You could ask ACAS ...but I'd agree yes you would - but it does depends on how you have paid her maternity leave...and normally paid her
You don't have to pay her twice for the same day...
So if she was working for you and you paid her x amount a week -and if that week included a bank holiday you paid her the same but she didn't work that day and if you have been paying her maternity on the weekly rate you don't then have to add bank holidays on -because they have already been paid...

Legally she is entitled to a minimum of 28 paid days holiday per year, so yes you do need to pay the 8 bank holidays.

Actually missed that Lonecat!!! And it changed years ago!!
Minimum stat holidays are 5.6 weeks pa pro rata (28 days is full time 5 days per week) -was 4 weeks for a long time but increased years (8? poss maybe more ) ago...

Hi Nateismine

Your Nanny accrues holiday pay while on maternity leave in the same way she would had she been at work. She is still due the 5.6 weeks holiday for the holiday year and should be paid this (pro rata) if she will not be returning to work.
If you use a Nanny Payroll service, they will be able to calculate this for you.
There's a great holiday entitlement calculator at:
www.gov.uk/calculate-your-holiday-entitlement which lets you put in a leave date if it's part way through a holiday year.

Hope that helps.