• Replies 14 replies
  • Subscribers 3 subscribers
  • Views 8399 views
  • Users 0 members are here
Options
Related

Maternity leave and using accrued holiday

Beth

Hi everyone,

I wonder if anyone can help. I have an employee who is currently on maternity leave in her 'additional maternity leave' period. She would like to use her accrued holiday now. At my company, our policy states that holiday entitlement accrued during maternity leave must be used before the employee is due back. It cannot be used to extend the maternity leave but can be used to shorten it by using at the end of maternity leave i.e. the last 13 weeks.

My query is the employee permitted by law to take her holiday now at roughly the 27-31 week mark, and what implication would that have for her SMP? 

Thanks

Beth

Parents
  • Hi Beth,

    She cannot be on maternity leave as well as annual leave. If she wishes to take annual leave then her maternity leave ends and she is simply on annual leave.

    Like you, in my experience, some women like to take their accrued holiday once SMP has ended at the 39 week point so that they remain off with their child but don't go onto zero pay. Alternatively some women like to take it at the end of the 52 weeks period to extend their time with their child.

    If she wants to take it now she would have to end her maternity leave, would not be entitled to any further SMP and would simply be an employee who is on annual leave.

    She cant continue to receive SMP as well as holiday pay.
  • in reply to Jeny Parsons
    Hi Beth

    The policy of insisting that accrued holidays get used up before return from ML sounds a bit odd to me. Whilst it is of course the employer's prerogative to approve or otherwise booking of annual leave, why treat women accruing holiday on ML in this different and potentially-onerous / detrimental manner? - why not keep it like any other leave entitlements both for men and for women rather than treat women differently in this regard and possibly risk unlawful discrimination claims?
Reply
  • in reply to Jeny Parsons
    Hi Beth

    The policy of insisting that accrued holidays get used up before return from ML sounds a bit odd to me. Whilst it is of course the employer's prerogative to approve or otherwise booking of annual leave, why treat women accruing holiday on ML in this different and potentially-onerous / detrimental manner? - why not keep it like any other leave entitlements both for men and for women rather than treat women differently in this regard and possibly risk unlawful discrimination claims?
Children
No Data