Holiday pay while on maternity leave

[Hardandsleazy]

I Know you are entitled to this but at what rate(normal pay or maternity pay rate)? Also what do you do about bank holidays - if these are included as part of holiday amount do they get paid out in same way as holiday?nanny just resigned (currently on maternity leave) so trying to work out what to lay her on top of maternity pay.

You are entitled to accrue holidays but not sure about being paid for them while in mat leave. Suggest you check dwp site. Bank hols the same.

That's helpful as does confirm you accrue (pro rats for amount of time off ) all holidays but not how you work out rate to pay if off (interestingly I note my employer has it wrong as doesn't count bank holiday in entitlement).

Have searched web in vain so no idea what pay rate you apply to pay this off- any other experience here?

Bank holidays are not necessarily included. If the leave entitlement is more than the statutory 28 days they are not automatically entitled to them. It would depend on the T & C's.

You can't take annual leave whilst on Maternity leave. I assume she has resignation is effective from the end of her maternity pay? Is so just pay her pro rata holidays up to this date at her normal rate.

Yep resignation at End of maternity pay-and it's her normal
Pay rate not maternity pay rates?

This is all painful as knew she wasn't coming back but not really much could have done differently as would have been illegal.

What would you have wanted to do differently, out of interest?

Holiday pay would be at normal salary rate. Think of it as if she is coming back to work for those days but is just on holiday.

Thanks beanbag. Iam not sure what I could have done differently-maybe got advice at time rather than just from payroll people (who hasn't mentioned holiday pay before now). she moved away just after maternity which I knew (so basically knew she wasnt going to come back and this was openly discussed). I didn't think it was appropriate to suggest she resign as wasnt going to be able to do job (she lives 2 hours drive away and didn't want to work). I suppose I wonder if there was any way I could have discussed and dealt with this that.

She has also given me more
Notice than necessary under contract so I don't know if I can accept notice but at date earlier than contract .

At end of day I want to do right thing as would hate for an employer to do anything but right thing about maternity leave to me and I like her.

Well it wouldn't have made any difference to her maternity pay and holiday pay entitlements obviously, as she gets those whether she comes back to work or not. But there's no reason you couldn't have had a conversation with her just to see whether or not she was prepared to give you confirmation of her eventual intention not to return so you could have made permanent alternative arrangements, rather than whatever temp arrangements you've had to make. She may have refused to confirm either way, but in the circumstances you mention, as long as there was no pressure, there would have been nothing wrong with asking the question at the time.

Not sure what you mean about the notice question?

Thanks flowery- I did have that chat so that did help re arranging the alternative cover.

Notice period per contract is 6 weeks- she has given 8 weeks provisi

Thanks flowery- I did have that chat so that did help re arranging the alternative cover.

Notice period per contract is 6 weeks- she has given 8 weeks provisionally but I haven't discussed/agreed this yet so wondered if 1 can tack on holiday as part of notice (suspect not) or2 terminate slightly earlier ?

You can't terminate earlier because she's given you more notice than required. But if she's on mat leave presumably you are not paying her anyway so it wouldn't make any difference?

Usually you could certainly require her to take holiday during her notice period to avoid having to pay it on top, but if she's still on mat leave you can't force her to 'return to work' early and be on holiday, if that makes sense.

That makes sense flowery - many thanks