• 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
  • I also agree with the other responses. The employee is entitled to 52 weeks, therefore should be able to take their 52 weeks. If they could take their holiday before they go, you could request that but if they go into a new holiday year where that is not possible, they therefore accrue for when they return.

    The request is then do you approve when they return? Also, if you have maternity cover in place already, surely it is easier for you as an employer to extend rather than have them return and then go on leave again.

    It feels very borderline discrimination and I would err on the side of caution.
Reply
  • I also agree with the other responses. The employee is entitled to 52 weeks, therefore should be able to take their 52 weeks. If they could take their holiday before they go, you could request that but if they go into a new holiday year where that is not possible, they therefore accrue for when they return.

    The request is then do you approve when they return? Also, if you have maternity cover in place already, surely it is easier for you as an employer to extend rather than have them return and then go on leave again.

    It feels very borderline discrimination and I would err on the side of caution.
Children
No Data