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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Is holiday pay accrued on statutory maternity pay We have

Resolved Question:

Is holiday pay accrued on statutory maternity pay
We have one employee went on maternity leave May 2014 she has now given us notice that she will not be returning to work but seems to think she is entitled to holiday pay she has not accrued any over her maternity pay period.
We are a care company and operate a zero hour contract so we work the holiday pay as 12.07% on their month's earnings.
Can you please advise if I need to pay any holiday pay?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What were her hours like roughly in the weeks preceding her maternity leave?
Customer: replied 2 years ago.

Dear Ben

On average over 4 weeks finishing she did 52.00 hours per month

Hope this helps

Regards

Dawn

Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. An employee continues to accrue their normal holidays during their maternity leave period just as if they were still at work and working as normal. Even if they were on a zero hours contract and had no guaranteed work you cannot say that they are not entitled to accrue holidays during that period because the reason they can't be given work is due to their maternity leave and as a result this would place them at a disadvantage and be discriminatory. So you need to look at what she was working as an average before she went on maternity and use hat as a basis on calculating the average hours she may have worked had she not gone off on leave. Usually you would look at the average of the last 12 weeks before she went off so get an average weekly of these hours and use that as a basis to calculate her holiday allowance for the duration of her maternity leave period. So for example if she worked on average 50 hours per week for the last 12 weeks before going off you should calculate her holiday pay based on that average for the duration of the maternity leave period. It may mean she gets the minimum legal entitlement of 28 days per year.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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