My wife has been off on maternity leave for 9 months and has extended this by 2 more months, when she enquired about hoilday pay accrued during her maternity she received this reply.
You have accrued 14 days annual leave by your return to work date but as you are on a zero hour contract you will receive no payment for this time untill you complete 12 weeks work.
Is this correct?
Also my wife has never signed a contract with the company does this make a difference?
many thanks in advance.
I would recommend that your wife checks her contract of employment (your HR dept should have a copy) and also the employee handbook / company policy regarding maternity and annual leave. Without further information its difficult to say whether your wife’s employers are right or wrong regarding the 12 weeks.
With regards to a zero hour contract the employer maybe looking at a 15 reference period prior to her going off on maternity (this is what I have done previously) to calculate annual leave, based on the hours she carried out before her pregnancy.
If your wife has been working in the role she was offered, it makes no difference with regards to signing a contract as she has been carrying out the role, therefore has agreed to the terms.
Hope this helps
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