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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

  • For a slightly different reason I think your policy is unenforceable and probably unlawful...(unless I am misreading what you have said)

    If the policy is "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 "

    The issue is you are not allowing the employee to extend maternity leave (as written above) so therefore your policy as written reduced the amount of statutory maternity leave you allow employees to take (to below the statutory amount) by insisting some of it is used as holiday.

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  • For a slightly different reason I think your policy is unenforceable and probably unlawful...(unless I am misreading what you have said)

    If the policy is "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 "

    The issue is you are not allowing the employee to extend maternity leave (as written above) so therefore your policy as written reduced the amount of statutory maternity leave you allow employees to take (to below the statutory amount) by insisting some of it is used as holiday.

Children