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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6428
Experience:  15 years experience of advising on employment law matters
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An employee has just started maternity leave she hadnt

Customer Question

An employee has just started maternity leave she hadnt been with us long enough to qualify for SMP so is claiming maternity allowance. Do we have to pay holiday pay whist she is away for 6 months?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
also if we do have to pay i guess it will be for two weeks whilst she is away. Currently she works 5 days per week but intends to work 2 when she returns in October
Expert:  taratill replied 1 year ago.
Hello my name is***** am a solicitor who specialises in employment law and I am happy to help you today. The employee will continue to accrue holiday whilst on maternity leave, it doesn't make any difference whether it is a paid period of maternity leave or unpaid. They can therefore take the leave after the end of the maternity leave period. The leave will accrue in accordance with the hours they worked prior to taking the leave so it would be on a full time basis even though you have agreed they can return part time. If you have any further questions please do ask.
Expert:  taratill replied 1 year ago.
Hello Christopher is there anything further you would like to know about this?