How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66633
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

I have a part employee who does not earn enough for me to

This answer was rated:

Hi I have a part employee who does not earn enough for me to pay her maternity leave. I have given her the necessary forms to claim SMP. Can you tell me if I am still responsible for paying her holiday.
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: No we are not for profit wrap around care facility with two employees
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does she belong to a union?
Customer: no union she is a part time employee
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long has she worked for you?

Customer: replied 8 months ago.
She started on 4th September 2018
Customer: replied 8 months ago.
Happy to continue here unless the call is immediate

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 8 months ago.
I am responsible for her holiday pay whilst she is on maternity leave starting 7th october
Customer: replied 8 months ago.
Am i
Customer: replied 8 months ago.
Is somebody still there
Customer: replied 8 months ago.
Customer: replied 8 months ago.
hello. Ive just had to pay for this service and im not getting a response
Customer: replied 8 months ago.
can you please answer
Customer: replied 8 months ago.
Do I have to pay her holiday whilst the government is paying her SMP

As mentioned above I will reply later today thanks

Ben Jones and other Law Specialists are ready to help you

Many thanks for your patience. If an employee does not earn enough for you to pay them SMP and they instead have to claim Maternity Allowance, they still continue being employed by you throughout their maternity leave and as such continue to accrue holidays. These remain your responsibility because the holidays accrue as she is employed by you, not depending on who pays her maternity pay. So whilst she is off, she continues to accrue holidays as normal and these would be your responsibility once she has returned and wants to take them.