Will I get remaining holiday pay when I leave whilst on Maternity leave

getmore4less

Sambucus_Nigra wrote: »

You accrue all your holidays whilst on maternity leave. So unless you lost the hols by not taking them before the end of a leave year; they are still accruing up until you resign. You can take them at the end of your maternity and thus use them as your notice period.

They can't wipe them because you haven't taken them if you have been on maternity leave.

https://www.gov.uk/employee-rights-when-on-leave

If they qualify for full pay during NOTICE this would not be needed.

also as they are on MA this would probably stop if they changed from maternity to holiday(you can't be on maternity and holiday at the same time).

edit: correct the full pay holiday to NOTICE

Uncertain

flashnazia wrote: »

It's just the way you worded it:

personally I do have a bit of a bugbear about women who have no intention of going back but string their employer along just to accrue hols. If they had let their employer know at least they could have sorted out the recruitment aspect IMHO.
Buts that's just my opinion

Maybe so but that isn't the point of this forum.

There are lots of things in employment law I don't agree with but I would never blame any individual for using the law to their advantage.

Contact your MP and campaign to have the law changed if you feel strongly!

flashnazia

Uncertain wrote: »

Maybe so but that isn't the point of this forum.

There are lots of things in employment law I don't agree with but I would never blame any individual for using the law to their advantage.

Contact your MP and campaign to have the law changed if you feel strongly!

It's not the law I'm complaining about!
There is nothing wrong with holiday accrual during mat leave but lying/pretending to have intention of going back just to accrue holiday is what I feel is a bit cheeky!

SandA

getmore4less wrote: »

When is the holiday year,
when did you go on maternity
when are you handing in your notice, what is the notice period, what is the last day.

When did you start work.
What is the notice the company needs to give you.

how mnay hours do you work what days.
What holiday do full timers get(including bank holidays)
What hours do full timers work

..........

If you went on maternity after the end of hte hoiday you you have lost hte previous years holiday so only get holidays that acrue from the new holiday year.

Hi

The holiday year runs from April to April, so April 12 to April 13.
I went on Maternity in May 2012, I did not take any holidays from this year, on my last pay cheque I'm sure it said I had something like 40 hours of holidays.

Handing in notice tomorrow 7th, ends 14th. My notice period is 1 week, as is theres to me.

I have worked there for over a year before I went on maternity leave. I work 10 hours per week, usually split between 2 days.

HTH

getmore4less

SandA wrote: »

Hi

The holiday year runs from April to April, so April 12 to April 13.
I went on Maternity in May 2012, I did not take any holidays from this year, on my last pay cheque I'm sure it said I had something like 40 hours of holidays.

Handing in notice tomorrow 7th, ends 14th. My notice period is 1 week, as is theres to me.

I have worked there for over a year before I went on maternity leave. I work 10 hours per week, usually split between 2 days.

HTH

You are due full pay during notice(employment act).

Still not clear what holidays people get but asume statutory minimum 5.6 weeks(28 days) that gives 12.07% of hours worked.

April 13 to Jan 14 will be around 14 weeks short of the full year 38 weeks

38 * 10 * 0.1207 is 45.87 hours so get them to show you the working for the holiday due.

SandA

Ive just read on another forum someone claiming that there employer has a clause in there contracts that states that any untaken holiday left would be lost when someone resigns.. surely thats not right? as they work in the same sector as me.

I wasn't given any contract detailing information about this sort of thing.

Would I stil receive the notice pay while on Maternity? i didn't know that!

thank you

SandA

Edit: Didn't read above post properly, have now though and can see the poster already worked out what I was asking - Thank you!

Sorry for not making it clear, a full time employee (37.5 per wk) receives the minimum stat holidays.

Pretty sure on my wage slip it said 40 hours or so, may be wrong though. So I should receive 45 hours worth if I leave now?

Thank you

Sambucus_Nigra

SandA wrote: »

Ive just read on another forum someone claiming that there employer has a clause in there contracts that states that any untaken holiday left would be lost when someone resigns.. surely thats not right? as they work in the same sector as me.

I wasn't given any contract detailing information about this sort of thing.

Would I stil receive the notice pay while on Maternity? i didn't know that!

thank you

Did you read that link I posted? Have a look on the gov website - it lists all your legal rights with regards leave.

SandA

Yes Samb I read the link, however I have also read that some companies have clauses against employees taken accrued holidays when they quit so I'm very confused as I can't find out for my employer.

I have also found this 'You are also entitled to be paid your normal wage (less any SMP or contractual maternity pay that you are getting at the time) during your notice period provided that you are only entitled to statutory notice.'

I don't receive SMP or contractual maternity pay but maternity allowance. My maternity allowance is MORE then a standard week of wages as I submitted my highest wage slips (with lots of overtime on) which meant I received more maternity allowance per week then I would receive if I was at work. Therefore what would happen in my circumstances, as 1 weeks wage less 1 weeks Maternity Allowance = minus £30.

This is so messy!

Sambucus_Nigra

SandA wrote: »

Yes Samb I read the link, however I have also read that some companies have clauses against employees taken accrued holidays when they quit so I'm very confused as I can't find out for my employer.

Employers can't override the law!

Any statutory accrued leave has to be paid. If you don't get it, you will be sending a letter before action and then going to a tribunal.