Paid Annual Leave on Maternity

Pricivius

Sorry, but a quick point that I may have missed. When did resignation take place? It looks as though we are assuming it was the end of maternity leave, but was that correct? Did she resign with immediate effect or give notice? Did she time it exactly right to end on the last day of maternity leave? She is only entitled to accrued but unused holiday up to her last day of employment.


Could this explain the discrepancy?


Ignore me if not relevant!

fiisch

The end of maternity coincided with her notice period (coincidentally!!).


She's been in to discuss and initially we thought they were right, and that the discrepancy (considering my original numbers) was down to tax and NI (presuming tax will be refunded in the course of things as she won't hit the minimum threshold this tax year - expected annual earnings of around £8k).


However, based on the fact that public holidays should be factored in, there's actually an extra 5.5 days holiday that she should be due (around £500). I've emailed the Director and they've referred it on to their "HR Department" (external third party company) - as I mentioned, it's a very small business, so they're not always au fete with rules and regulations pertaining to employee rights and benefits etc.


I have checked her pay over the course of her maternity and although there is some deviation (based on the number of weeks in the month), it is very small and does not suggest she has been paid for public holidays while on maternity (e.g.: in May's pay for example, the amount paid does not include an extra two days pay).


Thanks again all - invaluable advice.

Savvy_Sue

fiisch wrote: »

I have checked her pay over the course of her maternity and although there is some deviation (based on the number of weeks in the month), it is very small and does not suggest she has been paid for public holidays while on maternity (e.g.: in May's pay for example, the amount paid does not include an extra two days pay).

That would be normal: the only extra pay you'd expect during maternity pay would be KIT days. And it does vary from month to month because it is calculated on a weekly basis.

fiisch

Savvy_Sue wrote: »

That would be normal: the only extra pay you'd expect during maternity pay would be KIT days. And it does vary from month to month because it is calculated on a weekly basis.

Sadly, due to other problems with the employer, she passed on the opportunity to do the KIT days.

Regrettably, she worked in a very small, close-knit office which was mostly made up of extended family. There were some questionable working practices (e.g.: working 18 hour stretches on call where she'd be woken up continuously before having to work a 12 hour day in the office) which when she queried, meant the staff made life very hard for her.

She decided, rather than get into an endless fight that would likely lead nowhere, not to mention stress out the baby, that she'd take early maternity leave, and then find a part-time job once maternity had ended.

The cynic in me suspects the pay has been deliberately withheld - initially it wasn't paid at all. It is only when challenged they relented and paid some money, which it now appears is still incorrect. She is very keen to get it sorted, move on, and quickly forget about the company!!!

Masomnia

Any annual leave that was outstanding when she went on mat leave in December should roll over too.

fiisch

Thanks all - employer has emailed to confirm 21 days holiday payment due (not 14 as previously paid).


She's now had 3 separate payments, each with it's own payslip (and revised P45). I'm awaiting the documents from this latest payment, but she has now paid tax and NI.


Her annual earnings will be below the £11,000 annual threshold -


1). Presumably, in theory, she should receive a tax rebate next tax year, without chasing the tax office?;


2). Is both Tax and National Insurance "rebatable", or is this limited to tax?


3). Is it worth contacting HMRC sooner to claim a rebate?


Thanks again.

Comms69

fiisch wrote: »

Thanks all - employer has emailed to confirm 21 days holiday payment due (not 14 as previously paid).


She's now had 3 separate payments, each with it's own payslip (and revised P45). I'm awaiting the documents from this latest payment, but she has now paid tax and NI.


Her annual earnings will be below the £11,000 annual threshold -


1). Presumably, in theory, she should receive a tax rebate next tax year, without chasing the tax office?;


2). Is both Tax and National Insurance "rebatable", or is this limited to tax?


3). Is it worth contacting HMRC sooner to claim a rebate?


Thanks again.

Assuming they have her correct address.
Just tax.
No, as she isn't entitled to one yet.

fiisch

As I suspected.


Thanks all - some excellent advice on here. Very glad I asked, or we'd have been +£450 quid (+ the resultant tax rebate next year) out of pocket!


Does make me wonder how many people before my wife have been stiffed by the same company.....