Maternity Holiday Pay

foxblade

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mariefab

Yes, you are entitled to be paid for the holiday accrued from April to whenever your notice period ends.

Payment is due on the termination of your employment.
So, it won't become due until your notice period ends.

If you gave 2 months notice a couple of weeks ago, wouldn't it end mid-December?

Why 2 months notice?
Is it a requirement of your contract?
If so, how long have you worked there and how much notice would your employer have had to give you?

I'm not asking out of nosiness, it's possible that you may also be entitled to notice pay.
i.e. If you've worked there for 9 or more years.

mariefab

Can you take another look at your contract to see how much notice your employer would need to give you with 8 years service?
Or find out some other way.

It's important because:
less than 9 weeks- you are entitled to notice pay
9 weeks or more_ you are not.

LittleVoice

mariefab wrote: »

Can you take another look at your contract to see how much notice your employer would need to give you with 8 years service?
Or find out some other way.

It's important because:
less than 9 weeks- you are entitled to notice pay
9 weeks or more_ you are not.

Genuine question (because I'm not well versed in maternity pay matters), where in the regulations would I find the reference to entitlement to notice pay if notice (specifically from the employer) is 9 weeks or more?

Sambucus_Nigra

LittleVoice wrote: »

Genuine question (because I'm not well versed in maternity pay matters), where in the regulations would I find the reference to entitlement to notice pay if notice (specifically from the employer) is 9 weeks or more?

'According to ss.87 and 88 of the Employment Rights Act 1996, if an employee resigns while on maternity leave, in certain circumstances the employer must pay the employee her normal full pay during the statutory notice period (which is one week for employees with continuous service of one month or more). The employer can offset the employee’s maternity pay against her full pay. The employer does not have to make this payment until the employee’s employment has ended. However, s.87(4) provides that the employer’s liability to pay the employee in full for the statutory notice period does not apply if the employee’s contract requires the employer to give at least one week more than the statutory minimum notice to terminate the contract. Statutory minimum notice for the employer to terminate the contract is one week’s notice where the employee has been employed for at least a month but less than two years, and then one week’s notice for each year of service up to a maximum of 12 weeks’ notice. The Employment Appeal Tribunal has acknowledged that the effect of this provision may seem odd, but nonetheless, in these circumstances, the employee is not entitled to full pay during the statutory notice period.
Therefore, where an employee who resigns while on maternity leave would be contractually entitled to at least one week more notice than the statutory minimum from her employer, she will be entitled only to maternity pay during her notice period, unless her maternity pay period has already expired, in which case she will not receive any pay.'


OP - they will probably pay your leave entitlement [accrued] from April to the end of December at the end of your employment.

mariefab

The OP has 8 years service and is entitled to 8 weeks statutory notice.
So, by application of 87(4), if her employer is required by her contract to give her 9 or more weeks notice she will not be paid; but if her employer needs to give her less than 9 weeks notice she's entitled to full pay.

It isn't only people on maternity leave who may be entitled to be paid during their notice peiod while absent from work.
See 88(1) and 89(3) below.

http://www.legislation.gov.uk/ukpga/1996/18/part/IX