Can I accrue holiday on maternity leave if i'm hourly paid?

glentoran99

zombeana wrote: »

I am not allowed to take holiday any time off is unpaid.

This is illegal, you are entitled to paid leave

glentoran99

Takeaway_Addict wrote: »

So you are not actually contracted for a fixed number of hours a week? If so, If you are on a zero hour contract then I would suggest that your pay accrual is on hours worked. So I don't think you will succeed.

If you had a fixed hours contract then yes the holiday would accrue on that basis but whatever % x 0 is 0.

Thats not strictly true, Holiday pay is worked out on an average of the previous 12 weeks pay, so i would imagine accrual while on maternity would be similar

zombeana

Thank you. I will use the link in my letter to hr.

Is it not a loop hole to pay holiday on top of the hourly rate, showing the split on the payslip? Obviously this does not apply during maternity leave.

glentoran99

zombeana wrote: »

Thank you. I will use the link in my letter to hr.

Is it not a loop hole to pay holiday on top of the hourly rate, showing the split on the payslip? Obviously this does not apply during maternity leave.

No that's illegal as it violates working time regulations

glentoran99

Holiday pay must be associated with an actual period of absence from work. It may not be paid as an additional salary (this is referred to as "rolled-up" pay where holiday pay becomes in effect a pay supplement

glentoran99

https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics


Holiday pay should be paid for the time when annual leave is taken. An employer cannot include an amount for holiday pay in the hourly rate (known as ‘rolled-up holiday pay’). If a current contract still includes rolled-up pay, it needs to be re-negotiated.

zombeana

Thank you that's very helpful. There are hundreds of staff on such contracts here....think they are aware it's a minefield.. I am definitely going to raise the issue of accruing holiday during maternity leave.

Takeaway_Addict

glentoran99 wrote: »

Thats not strictly true, Holiday pay is worked out on an average of the previous 12 weeks pay, so i would imagine accrual while on maternity would be similar

No sorry, I disagree but am happy to be proven wrong.

The OP states that she is paid holiday within her hourly rate. Now presuming that this % is paid as a seperate line then she is paid pro rata any person that is contracted to fixed hours on every hour she works. As such she does not average the 12 weeks as she has already been paid an exact amount.

Also, then when she takes holiday it isn't unpaid because she has already been paid for it.

The only time it might complicate further is if the holiday pay isn't as a seperate line on the payslip

Takeaway_Addict

glentoran99 wrote: »

Holiday pay must be associated with an actual period of absence from work. It may not be paid as an additional salary (this is referred to as "rolled-up" pay where holiday pay becomes in effect a pay supplement

It can be if it is on a seperate line and the person is on a zero hour contract.

Undervalued

glentoran99 wrote: »

Holiday pay must be associated with an actual period of absence from work. It may not be paid as an additional salary (this is referred to as "rolled-up" pay where holiday pay becomes in effect a pay supplement

It can be under certain circumstances, quite probably such as these!