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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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We have an employee who is going on maternity leave in June,

Resolved Question:

We have an employee who is going on maternity leave in June, I appreciate that holiday will accrue over her maternity leave, however, can this be added to the end of her maternity leave? Also she has a company car, what happens to this benefit during maternity leave?
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you not want the employee taking their holiday then?

Customer:

Yes of course we are happy for her to take her holiday, but I was unsure whether this should be rolled forward or paid, or can she take the holiday at the end of her maternity leave to extend her time off.

Ben Jones :

It is possible for an employee going n ML to take the holiday which they will accrue during that period either before or after her ML period. In effect this extends their ML duration for a bit. I would say it is more common to let them do it after the ML expires as then at least you know she has accrued the holiday she wants to take rather than giving her holidays which she is yet to accrue.

In terms of the car benefit, if an employee is only allowed to use a car for business use then it is not considered a benefit, and so there is no obligation to continue to provide it during ML period. If an employee is entitled to use the car for personal use it would count as a benefit in kind other than remuneration, and she would be entitled to continue using it whilst she is away.


Customer:

Thank you. I assume that holiday leave attracts full pay? Her car is for personal use as well and I assume that the tax on the benefit continues (based on her full salary).

Ben Jones :

Yes her holidays will be calculated as per normal in terms of pay. You can continue to tax her as normal for the car

Customer:

That's great thanks for your help

Ben Jones :

you are welcome, all the best

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