Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Work

Chat with other users about all things related to working life on our Work forum.

See all MNHQ comments on this thread

Flip

Original poster

Leaving a job on mat leave - accrued holiday

25 replies

CherryCreme · 27/02/2021 05:59

I'm currently on mat leave and decided not to return to work, it's my understanding that I should have received my accrued holiday in my last pay packet which I haven't done. HR is ignoring me. Can anyone point me to the relevant info so I can send to them as they think they don't need to pay me until my mat leave is over in April but surely if I'm not employed, it should be now?

OP posts:

flowery · 27/02/2021 07:58

The place to point to will be your contract, which hopefully says something about any outstanding holiday will be paid to you on termination of your employment. If it says that, ask them why they intend to breach your contract just because of your maternity leave.

heart80s · 27/02/2021 07:59

You'll get any holidays owed in your last payment.

topcat2014 · 27/02/2021 08:01

If you are still on maternity leave, why have you 'finished' now?
Surely you could still have got another months pay to go?
Or are you in the non paid part?

flowery · 27/02/2021 08:26

@heart80s

You'll get any holidays owed in your last payment.

OP says she has had her last pay packet and it wasn’t there.

insancerre · 27/02/2021 08:32

Did you give the correct amount of notice?
When was payday as its not always possible to make last minute adjustments. It might be that you will get a payment next month

Soontobe60 · 27/02/2021 08:34

OP, I’m assuming that you’ve stopped getting mat pay off your employer. Are you still getting SMP? When does your actual contract finish? I would expect your pay in lieu of holidays to be paid once your actual contract ends. Also, if your employer has a system whereby you have to pay back some of the mat pay if you don’t return, that will be taken from the holiday pay.
Are you using a work email address to contact HR? If so, this could be why they are not replying. It may well have been ‘turned off’.

Original poster

CherryCreme · 27/02/2021 08:56

Hey everyone,

Received my last pay packet yesterday and my notice ends tomorrow (one month, handed it in end of Jan)

I was getting SMP so no money owed, I have to claim the rest via job centre.

Contacted HR via WhatsApp, she read my message and didn't reply. It was also regarding my P45 which I NEED to claim rest of my mat pay.

OP posts:

flowery · 27/02/2021 13:32

What do you mean “claim the rest”?

flowery · 27/02/2021 14:04

If your maternity leave wasn’t due to end until April why have you left now? You’ll miss out on the holiday you would have accrued between now and April.

EezyOozy · 27/02/2021 14:17

Received my last pay packet yesterday and my notice ends tomorrow (one month, handed it in end of Jan)

You might get it at the end of March ? You could call payroll direct ?

Margaritatime · 27/02/2021 16:10

You need to get some advice as my understanding (happy to be corrected) is an employer has to pay all your SMP.

What is the end date for your 39 weeks SMP? If it’s end of March/early April then what you may find is they will pay the rest of your SMP and then pay your annual leave.

Heyahun · 27/02/2021 16:55

Oh gawd. You really shouldn’t quit your job until end of the maternity leave - how many weeks do you have left receiving SMP?

Pretty sure your employer has to pay SMP Though? Where are you planning on claiming the rest from!?

Original poster

CherryCreme · 27/02/2021 21:05

@flowery the rest of my maternity pay that I'm entitled to

I'm not asking advice on leaving my job 😳

I'm asking about accrued holiday

OP posts:

caffeinebuzz · 27/02/2021 21:08

In the same situation I received mine with my final pay packet. Just as if you were leaving with holiday accrued in any other circumstance.

Although like others, I'm not sure why you left work while still entitled to maternity pay of any kind.

Original poster

CherryCreme · 27/02/2021 21:08

They have confirmed they will not pay my remaining mat pay and that the job centre will pay the rest...

OP posts:

Original poster

CherryCreme · 27/02/2021 21:09

I left because it was my understanding that I would still be entitled to SMP regardless

OP posts:

PurplePansy05 · 27/02/2021 21:14

But what do you mean "rest of maternity pay I am entintled to"? You're entitled to SMP if you're still employed, on maternity leave and within the 39 weeks, but I understand you've left your employment so there's no maternity pay due to you?

Re accrued holiday it should be paid at the end of your notice period, so you'll see it on whichever payslip would cover this.

Heyahun · 27/02/2021 21:17

Your job needs to pay the rest of your maternity pay! The job centre only pay maternity allowance!

I think you’ve been misinformed by your workplace.

Original poster

CherryCreme · 27/02/2021 21:17

I am entitled to 39 weeks SMP regardless

Leaving a job on mat leave - accrued holiday

OP posts:

PurplePansy05 · 27/02/2021 21:20

Well yes that is correct, if you're not employed you may get Maternity Allowance but not SMP...you were entitled to SMP until the end of your notice period. This is explained for example on the Maternity Action website.

PurplePansy05 · 27/02/2021 21:27

Sorry to clarify you're not entitled if you're changing employment, I thought that was the case but your posts don't mention this. Are you starting a new job or just not returning? If the former then I believe it's MA not SMP, if the latter you should receive the remainder of SMP.

PatriciaHolm · 27/02/2021 21:45

Assuming you are not going to work for someone else before your entitlement to SMP ends, then your employer should continue paying your SMP - you are entitled to it, as it is based on employment already completed. Resigning does not negate that. What should happen is that they should continue paying it - they can claim it back, so it is not punitive for the employer to do so, and they should not be pushing it off onto any other agency.

maternityaction.org.uk/advice/resigning-from-your-job-during-pregnancy-and-maternity-leave/

You are also entitled to your usual benefits (such as leave) until the end of your notice period.

Original poster

CherryCreme · 27/02/2021 21:54

Thank you everyone! I'm glad I mentioned that, no I'm not going to work for somebody else. I'm starting my own business. I will be speaking to CA and maternity action now to see how I can pursue this as I had no idea they were to continue paying me. Probably why they're being ignorant!

OP posts:

flowery · 27/02/2021 21:55

Your employer has to pay the rest of your SMP regardless of whether you’ve left employment or not, unless you start work for someone else. Job centre will pay maternity allowance to those not eligible for SMP. You are. So it comes from your employer.

But if you’d stayed employed until April you would also have got more holiday pay.

MNHQ

JuliaMumsnet · 10/03/2021 15:21

@CherryCreme

Hello @CherryCremecherr - just jumping in quickly to say that this week we are running a free online legal advice clinic about everything to do with employment and pregnancy and your rights in work as a parent, with Maternity Action. Volunteers will give you free advice on your particular situation if you post your question on the thread (they will message you privately for the info you don't want to post publicly). It ends Friday.

Thanks!

MNHQ

Flip

Please create an account

To comment on this thread you need to create a Mumsnet account.

Join Mumsnet Log In

This thread is closed and is no longer accepting replies. Click here to start a new thread.

Swipe left for the next trending thread