Not Returning to Work and Holiday Pay

[Tee2072]

So I've decided that I am not going back to my company as an employee. I am instead starting my own company and going back as a contractor. My current company is actually helping me set this up, so I can work from home.

So my question is:

Our holiday year starts 1st April. I return to work (as a contractor) 1st June. But between 1st April and 1st June I am still considered working for the company so I should be accruing holiday pay, shouldn't I? So when my maternity leave ends 1st June, shouldn't the company have to pay for that unused holiday time?

Anyone know? I can't find anything on the direct.gov website that covers this!

Yes, I think you're right, you accrue holiday throughout your maternity leave. However, there might be something in your T&Cs that says you have to return to work to actually get it, I'm not sure.

Sorry, that answer's less helpful than I thought it was going to be!

Where I work I accrued holiday for the whole 52 weeks of my mat leave (hurrah!) but I'm not sure if

ah

here

"Your employment terms and conditions

While you are on Statutory Maternity Leave your employment terms and conditions are protected.

For babies due on or after 5 October 2008, you keep your normal employment rights and benefits (excluding wages) throughout all of your Statutory Maternity Leave.

This might include any access to benefits you have as part of your employment contract, for example a company car or mobile phone. However, if the benefit is provided for business use, your employer may be able to suspend it.

If your baby was due before 5 October 2008, some of the benefits you have as part of your employment contract can be suspended during your additional maternity leave (the last 26 weeks of your Statutory Maternity Leave). Your statutory employment rights will continue."

I saw that Jareth, but I don't find it clear if I get paid out for those hours I'll accrue as holiday, since I am not actually returning as an employee, if you see what I mean.

oh sorry, I see what you mean.

I think that bit will depend on your employer - mine won't pay out holiday, so it rolls over. In this case I would have had to stay at work for the length of time I had holiday for, and and move my leaving date back.

So you may have to go back to work, but take leave for it IYSWIM. I don't think there's a rule that they have to pay you the holiday.

If you're leaving employment and you have holiday outstanding they can't make you cut your mat leave short to take the holiday, so yes they must pay it you.

Thanks flowery. Can you find me proof of that? I have looked and looked and I know my boss/company. If I don't have something from the government saying that, they'll never pay it to me!

Here about accruing holiday throughout mat leave.

Here about being paid holiday accrued and not taken when leaving employment. If it's only the period between the beginning of the holiday year and your end date a couple of months later there's no issue about carrying over holiday or anything to worry about anyway.

Not really sure what else to give you tbh. Does your handbook or annual leave policy or contract not say anything about holiday outstanding when someone leave? Normally it does.

Do you need something proving your employer can't cut your mat leave short?

Here about you telling them when you are returning.

It was the second link I couldn't find, thanks! I wasn't sure if the fact that I am actually on leave and not ever returning meant anything, but it appears it doesn't.

I am handing in my official notice in about a month so I'll mention it to my boss then!