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

Undervalued

glentoran99 wrote: »

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.

Well, that is very much up to the OP to decided whether they are being disadvantaged.

If not, and IF the employer is getting this wrong (see my previous post) then it is the employer that will be in trouble, not the employee.

With all respect you have made a string of posts on this thread which are, at best, generalisations and not relevant to the OP circumstances.

If the OP is getting "rolled up" holiday pay (i.e. 12.07% more than they otherwise would) providing they are not being refused the opportunity to have 28 days per year off then they are not losing out.

zombeana

I'm confused now.


HMRC/ACAS advised me I am entitled to accrue holiday during maternity leave so I will stick with this.


I am not bothered about my general contract including rolled up holiday pay at this stage. It does include an extra 12.07%. It's just the 12 months of maternity leave I'd like to get holiday pay for.

Takeaway_Addict

zombeana wrote: »

I'm confused now.


HMRC/ACAS advised me I am entitled to accrue holiday during maternity leave so I will stick with this.


I am not bothered about my general contract including rolled up holiday pay at this stage. It does include an extra 12.07%. It's just the 12 months of maternity leave I'd like to get holiday pay for.

How do they argue you get the pay? If I was the employer and didn't want to pay I would argue that yes you do accrue holiday pay based on your current contract. So if you work zero hours I will pay you your holiday pay of 12.07% on top of the total hours worked during this period, ie 0 x 12.07% is £0

My point is they won't disagree that you accrue holidays, it is just how it is calculated.

Takeaway_Addict

To clarify:

Does your wage slip say

Wage- £XX.XX
Holiday- £YY.YY

or does it simply say

Wage- £XX.XX

And can you tell us how much you are on please if that's not to private.

thanks

getmore4less

Takeaway_Addict wrote: »

How do they argue you get the pay? If I was the employer and didn't want to pay I would argue that yes you do accrue holiday pay based on your current contract. So if you work zero hours I will pay you your holiday pay of 12.07% on top of the total hours worked during this period, ie 0 x 12.07% is £0

My point is they won't disagree that you accrue holidays, it is just how it is calculated.

Conveniently the legislation covers this scenario.

Accrual and payment are separate calculations.

The calculation for a weeks pay does not include weeks with no pay.

zombeana

But I won't be on £0 pay, i'll be on maternity pay. Does that not count? Plus I thought it was calculated based on the 12 weeks prior to the leave being taken (for casual workers).


However, having a letter from HR stating my weekly hours that supersedes my contract and leads me to believe I am not even a casual worker anyway - does it not?


Yes, absolutely my pay slip separates holiday pay and pay. I am not querying this.


My question is can I still accrue holiday and be paid it whilst on maternity leave.


If yes, how should it be calculated?

Takeaway_Addict

getmore4less wrote: »

Conveniently the legislation covers this scenario.

Accrual and payment are separate calculations.

The calculation for a weeks pay does not include weeks with no pay.

Is this specifically for maternity leave etc?

From what I can see with regards casual workers this is when they don't pay the holiday pay that the point of earning it, not if they do.

getmore4less

Takeaway_Addict wrote: »

Is this specifically for maternity leave etc?

Not specific to maternity it applies to all holiday pay.

holiday "pay" is defined in the employment act based on the definition of a "weeks pay"

Takeaway_Addict

getmore4less wrote: »

Not specific to maternity it applies to all holiday pay.

holiday "pay" is defined in the employment act based on the definition of a "weeks pay"

Ok. I know the OP may actually have contracted hours given later confirmation of set hours but let's say she is still on a zero hour contract where holiday pay is paid at the time of each hour.

I have looked but can't see anything that shows that when someone is on zero hours and they are paid at the time of accruing them that they then accrue holiday based on working no hours during maternity leave. I could be wrong and it wouldn't surprise me based on those who have contracted hours getting holiday pay during maternity leave

And sorry OP, I have further enhanced the confusion but it would be nice to get a clear answer for future knowledge.

Another_not_new_user

I have been avoiding this thread because every time I have questioned an OP on their conditions and the rolled up holiday pay in the last week, they disappear without a trace and I am fed up of wasting my time on the issue. I hope the OP in this case comes back to shed some light on the issue.


To set the record straight, rolled up holiday pay is generally unlawful for employees - but it is definitely not altogether unlawful.


The entitlement to statutory maternity pay, like the entitlement to sick pay, is based on income earned - not on employment status - so this proves nothing.


What is unclear is the basis of the letter from HR. The contract is clearly a zero hours contract. The OP says so. On such contracts rolled up holiday pay is permissible provided it is shown separately. The Op is not, however, clear about what they think the letter says. It MIGHT say that these are the hours that the OP has worked (statement of fact, not contractual obligation); it MIGHT be a variation of the contract to create a minimum number of guaranteed hours; and it MIGHT be a mistake (employers make them and they are allowed to put them right if they do, even if that is to an employees detriment).


There are also questions to be asked about the OP's employment status. They assert they are an employee and not a worker. On what basis do they assert this? A zero hours contract is worker status, not employee. That is a fact, so the OP cannot be both. And it is possible, because the information is not clear, that the OP may work for an in-house (directly paid) agency (often referred to as "bank working") in which case rolled up holiday pay is entirely lawful; and accrues only on the actual hours physically spent in the workplace at work.


So the fact is that there is currently no clear answer to be given because the information provided by the OP is insufficient to form an informed opinion. One thing I am sure about - HMRC do not determine employment law and whatever they say is not relevant; and I wouldn't hold my breath on the ACAS call centre knowing anything at all. The professional ACAS mediators are brilliant - their call centre is about as useful as any of them. In other words, not very.