Do employees accrue holidays whilst claiming maternity allowance from government..

[bounce]

Hi

I have an employee who doesn't qualify for maternity pay so she will be claiming for maternity allowance from the government..

I was wondering if she would still qualify for holiday pay whilst claiming maternity allowance? Also if she doesn't return to work (which I have been told by others that she has no intention on returning) would I still have to pay holiday pay or would she have to pay it back if she doesn't return after her maternity leave..

 

[ethical PR]

Staff still accrue holiday pay whilst on maternity. As far as I am aware she would need to repay maternity pay, if she doesn't return but have a look at the government website section on maternity and employment issue or the ACAS site for clarification.

 

[PuddlePayroll]

You can treat the holiday like any other holiday request. You can accept the request for any holiday that she has accrued to the point of going on maternity leave and decline any not accrued. If she returns to work she can carry the holiday forward.

 

[sjbeale]

She accrues holiday she is off on maternity leave.

She will accrue holiday entitlement. You need to consider when your holiday year starts and ends. Holiday entitlement is not usually carried over. You should assess whether she needs to take some holiday before she goes on maternity leave so it can be taken in the appropriate holiday year. Any holiday she then accrues during maternity leave can be taken before she returns is she wants to extend her time at home You must then pay her the appropriate holiday pay rate. Alternatively if she gives in her notice and does not wish to return you must pay her the accrued holiday pay.

If she does not return there is nothing to pay back to you as she has a statutory right to those payments.

If you would like further advice please contact me.