Holiday entitlement whilst on maternity leave

Discussion in 'Legal' started by ableitc, Mar 28, 2008.

  1. ableitc

    ableitc UKBF Newcomer Free Member

    Posts: 103 Likes: 2
    What is the rule on holiday entitlement whilst on maternity leave ?

    A member of our team here is saying they wish to be paid the 18 / 19 days holiday pay when then they return from maternity leave. They are saying because they are on maternity leave they cannot take the holiday but should still be entitled to it.

    This is my first dealing with maternity leave so any advice would be appreciated.

    Grant
    Posted: Mar 28, 2008 By: ableitc Member since: Mar 20, 2006
    #1
  2. Guest

    Posts: 0 Likes: 0
    Here is some useful information for you

    [SIZE=+0]Babies due on or after 1 April 2007 What is maternity allowance?
    Women who do not qualify for Statutory Maternity Pay may be entitled to Maternity Allowance (MA), paid by the Benefits Agency, for up to 39 weeks. To qualify, they must have been employed or self-employed for 26 weeks out of the 66 weeks before the expected week of childbirth and have average weekly earnings of at least £30.
    Who qualifies for maternity leave?
    To qualify for maternity leave, a woman must tell her employer by the end of the 15th week before the expected week of childbirth:
    • that she is pregnant
    • the expected week of childbirth, by means of a medical certificate if requested
    • the date she intends to start maternity leave. This can normally be any date which is no earlier than the beginning of the 11th week before the expected week of childbirth up to the birth.
    An employer must then write to the employee, within 28 days of her notification, setting out her return date. If an employee wishes to return to work early while on maternity leave she must give her employer eight weeks notice.
    What rights does a woman have while on maternity leave?
    During the 26 weeks maternity leave, she is entitled to benefit from all her normal terms and conditions of employment, except for remuneration (monetary wages or salary). A woman can do up to 10 days' work during her maternity leave without losing any Statutory Maternity Pay. The employer and employee should agree on payment for the time worked.
    At the end of maternity leave, a woman has the right to return to her original job. If a redundancy situation arises, she must be offered a suitable alternative vacancy if one is available. If the employer cannot offer suitable alternative work, she may be entitled to redundancy pay.
    What is additional maternity leave?
    All women are entitled to an additional 26 weeks' maternity leave. During this period their contract of employment continues but with limited terms and conditions. This means a woman can be away from her job on maternity leave for around 52 weeks in total.
    When an employer writes to the employee - setting out her return date - they will assume that, if she is eligible for additional maternity leave, she will be taking it. If an employee wishes to return to work early while on maternity leave she must give her employer eight weeks notice.
    What rights does a woman have at the end of additional maternity leave?
    At the end of additional maternity leave a woman is entitled to return to her original job or, if this is not reasonably practicable, to a suitable alternative job. If the employer cannot offer suitable alternative work, she may be entitled to redundancy pay.
    What is statutory maternity pay?
    A woman is entitled to Statutory Maternity Pay (SMP) if she has been employed by her employer for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth, and has average weekly earnings at least equal to the lower earnings limit for National Insurance contributions. SMP can be paid for up to 39 weeks; it is payable by the employer but partly (or, for small firms wholly) reimbursed by the state.
    From April 2007 the standard rate of SMP is £112.75 a week (or 90% of the woman's average weekly earnings if this is less than £112.75 a week). For the first six weeks the rate is 90% of average weekly earnings with no maximum limit. The standard rate of SMP is reviewed every April.
    What is maternity suspension?
    Employers must take account of health and safety risks to new and expectant mothers when assessing risks in work activity. If the risk cannot be avoided, the employer must take steps to remove the risk or offer suitable alternative work (with no less favourable terms and conditions); if no suitable alternative work is available, the employer must suspend the mother on full pay for as long as necessary to protect her health and safety or that of her baby.
    Further information is available from the 'Work and Families' section of the BERR website.
    [/SIZE]
    Posted: Mar 28, 2008 By: Member since: Jan 1, 1970
    #2
  3. Antonia @limeone.com

    Antonia @limeone.com UKBF Newcomer Free Member

    Posts: 1,765 Likes: 141
    There is a lot of information available on ACAS but in essence during the initial 26 weeks of maternity leave the entitlement to holiday accrues at the contractual rate ( ie as per the employment contract). After that time from the 27th week the stautory holiday entitlement applies. They are entitled to the leave and most employers deal with this to avoid swiftly to avoid the accrual affecting the next leave year.
    Posted: Mar 28, 2008 By: Antonia @limeone.com Member since: Jan 28, 2006
    #3