If an employee is starting maternity leave but isn't actually entitled to SMP due to her salary being below the NI threshold does she still accrue holiday pay and if so, should it be paid throughout her maternity leave or paid when she returns.
Also she currently only works 12 hours per week and will be coming back to work only 3 hours per week when she returns, so if she does accrue holiday pay, does she accrue holiday pay based on 12 hours per week or 3?
Thanks.
My Cousin is pregnant and need time off work for antenatal appointments. Will she be paid for the time I take off?
Hi Georgie
An employee on maternity leave continues to be an employee with all the same entitlements (with the specific exception of pay) when she is off. A quote from the BIS guide to maternity for employees states: "During your 52 weeks’ maternity leave your employer must continue to give you any contractual benefits you would normally receive if you were at work (eg contractual annual leave)" See http://www.bis.gov.uk/assets/biscore/employment-matters/docs/p/10-1168-pregnancy-and-work-employee for the full guide. She should accrue her annual leave on the 12 hours per week - because that is the role she had when she went on maternity and that is the role she is entitled to return to when she comes back from maternity. Cheers Owen
"During your 52 weeks’ maternity leave your employer must continue to give you any contractual benefits you would normally receive if you were at work (eg contractual annual leave)" See http://www.bis.gov.uk/assets/biscore/employment-matters/docs/p/10-1168-pregnancy-and-work-employee for the full guide.
She should accrue her annual leave on the 12 hours per week - because that is the role she had when she went on maternity and that is the role she is entitled to return to when she comes back from maternity.
Cheers
Owen
Illegitimi non carborundum
georgie
It should be paid at 12 hours, this year-this year and next year she can take it all
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