Maternity Pay

[LouisaJF]

I have reached the end of my 39 weeks maternity and decided not to return to work. I received my P45 and have not been paid my outstanding holiday when I contacted my boss he admits I am owed holiday but claims I am only due a daily rate of my salary minus the maternity pay I have received, not just the holiday days at my full salary. I spoke to ACAS yesterday to confirm I am entitled to holiday pay and they said it should be at full salary, but is he right to deduct my SMP from this?

He cannot deduct SMP from it, take him to court I he does. UNLESS you received better than statutory maternity pay for any part of mat leave. If you got anything better than 6weeks@90% then 33 weeks @ SMP he has every right to deduct the excess from your holiday pay.

Thank you. I have only received the standard SMP, there has been no extra maternity pay from my employer.

Then you are entitled to the full rate of accrued holiday pay.

It's my understanding that employers are paid the majority of SMP by central government so he would be making profit out of not paying you the correct amount of pay.

So just to clarify, myself and my employer agree on the number of days holiday I am owed. I calculated my normal holiday pay would be £100 per day. I worked 3 days a week so he had divided my SMP £138 per week by 3 which is £46. He believes £46 should be deducted from my holiday rate of £100, leaving my with a holiday rate of £60 per day instead. This just doesn't sound right to me!

Ah I understand what he's doing but it's a mistake - he's trying to convert 3 weeks of mat leave into paid holiday so that you only had 36 weeks ML and 3 weeks at full pay. That's not what you are asking for, you are entitled to 39 weeks ML plus 3 weeks holiday pay. However it's more likely to be a misunderstanding on his part rather than him attempting foul play.

ACAS have confirmed this is not right and holiday should be paid in full.