Holiday allowance whilst on ML

[mogs0]

I'm posting on behalf of my friend.

She is due to go on ML in March, will be half way through her work year and still has 17 days holiday left until the end of the (work) year. She and her employer have agreed that she will not return to work after the baby is born.

Would she still be accruing holiday days whilst on ML?

i think so, just for that period, as until her ml ends she is employed by them. and i am pretty sure that as women on ml have to be given the same entitlements they would recieve while working, this would apply, regardless of return or no return to work. for example - i get full al acrued, plus half pay for x wks, the only thing i would not get if i leave according to the info i received would be the company pay.

Thanks for the reply.

Is there somewhere I can look for a definite answer? I had a look on HMRC but couldn't find anything.

have a root round here
www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmater nityrights/DG_175088

sorry don't know why that went right down the bottom

I would always strongly advise anyone against resigning before they've even gone on maternity leave. Maternity leave is a whole year and lots can change in that time, both at work and at home. I would always suggest keeping options open.

Having said that, if your friend is certain she wants to resign and not come back after she's had her baby, it's crucial she ensures her termination date is the end of her maternity leave, ie one year from the date she starts maternity leave. She is entitled to all her benefits including holiday throughout her maternity leave, and obviously if she leaves before that date she won't get them.

What Flowery said!

I would also second the comment about it being wise to keep options open, although that might not be a possibility now.

Thanks for the replies. She's a nanny and will want to find a nanny job where she can take her baby with her. Her current employer doesn't want this type of set-up.

Am I right in thinking that holiday allowance has been increased to include bank holidays but an employee might not get the actual bank holiday off? Is it 28 days based on a 5 day week?

28 days for full timers is the legal minimum. It is up to the employer whether they prescribe certain days as holiday. What lots of companies and other employers do is, in effect, say that 8 days must be taken on the bank holidays and the other days can be taken at times of the employee's choosing.

She works a 4 day week and gets 20 days holiday plus the bank holidays (I'm not sure exactly how it's worded in her contract). How do you work out what she's entitled to based on working 4 days per week?

She gets 4/5ths of 28. Sounds like she probably gets loads more than her legal minimum (depending on days worked. Might not be if she doesn't work mondays).

I'll have to see what her contract says because I am just confusing myself!!

Based on what I think her contract says, she is entitled to 20 days holiday and 6.4days for bank/public holidays (4/5 of 8 bank holidays). Does that sound right?

BTW how do you all know about this stuff? Is it your job? If so, what is your job? I'm quite interested in all of this.

Also, she has no written agreement about her job ending and is worried about not being paid her accrued holiday pay. Should she ask for a written agreement detailing termination of employment before she goes on ML, during or at the end of ML?

It certainly sounds possible- and quite generous.

Yup, I'm a lawyer.

In terms of job, she should just make it clear that she's saying that she's not returning after leave, not that she's resigning at the start of her leave. If necessary, badger her employers who should be sending her a letter confirming her maternity leave arrangements.

Thanks for your help.