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Holiday pay during maternity leave?

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  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    You should either give them more time off or carry over and pay in the weeks that are currently not paid.

    currently you have them working 36ish weeks(may be more normal term time seems to be 39weeks) and give 5.6 weeks paid holiday, still plenty of weeks unpaid for an extra years worth of holiday to be paid..

    Reality is if the employee do not take any action then buying out the holiday and paying it in advance is OK because no one actualy polices the legislation.


    Part of the problem with term time employees is that that a lot of the guidlines miss out some of the factors so are incomplete and don't cover all cases.
  • Savvy_Sue
    Savvy_Sue Posts: 47,358 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In the UK, the statutory annual leave entitlement is 5.6 weeks.
    But not for those who don't work throughout the year: normally this would be pro rata, so on a term-time only contract it would be 5.6 / 52 * 39. Or something like that.

    However, the OP has been instructed to pay everyone for 5.6 weeks, which is very generous!
    A worker must take at least four weeks' paid holiday per leave year.
    I am not sure what you mean by that: there's no requirement in law to take a whole week at a time, although some employers insist on at least one break of at least a week.
    What a worker does with the remaining 1.6 weeks depends on their contract of employment.
    Again, not entirely sure what you mean by this.

    Anyway, advice not to pay for the holidays at the same time as the maternity pay is correct.
    Signature removed for peace of mind
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