Holiday pay whilst on mat leave, do I pay it back if not going back?

[goofygoober]

Hello everyone, thanks for reading this. I have briefly searched the topics but couldn't find this. Can ANYONE please confirm this for me .... google cannot and no friends can 100% confirm either

I am due back to work in July but I am definitely not going back. I haven't told them yet but I will do. Anyway

They have given me 2 full weeks holiday pay which I have accrued throughout the 39 weeks I have been off.

Do I have to pay this back if I am not going back?????????

Please help, lest I spend it and struggle to give it back.

I really, really appreciate any help you can give me.

Many thanks

Provided that (by the date of termination) you have accrued the leave for which you have been paid then you will not have to pay it back (indeed, if they had not already paid it to you in advance then they would have to pay it to you on termination). If you have been paid for leave that you will not have accrued by the termination date then your employer would be entitled to repayment, although, in practice, most employers in this situation would just let it go to be honest - it's probably not a material amount of money for them. Hope that helps.

No, it's the same as any other contractual benefit you get, you don't have to pay it back if you leave. The fact that you happen to have been on maternity leave before resigning doesn't alter the rules that you are entitled to be paid for holiday accrued before your termination date.

Many thanks to both of you.

I am breathing a sigh of relief.

Thanks so much