Maternity leave- paid annual shutdown

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Hi,

I was wondering if someone could help me. While on maternity leave, I know that you accrue holidays in the same way as if you were working. But if an employer gives someone all of the statutory holiday allowance, but in addition closes down for the 3-5 days between Christmas and New Year (for which employees are paid) and if someone is on maternity leave at that time, are they entitled to take these days as holiday before or after the maternity leave, in addition to the rest of their leave? Does it make a difference whether it’s in the contract, in a letter of appointment or just an unwritten agreement?

B

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  • kelloggs36
    kelloggs36 Posts: 7,710 Forumite
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    There is a big case about this, I believe that you can take it afterwards as you were not in a position to take it during shutdown time. Look up the case Gomez.
  • kateab
    kateab Posts: 2,824 Forumite
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    I agree. It's part of your leave entitlement, and you should be able to take it if it can't be taken then.

    kateab
    Definitely NOT the blogger at Katie and the Kids, OK?
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