More maternity questions

[crystaltash]

Hi geeks. So my full time therapist is due back from maternity at the end of June. She has been off since last September. In all my therapists contracts it states that they are entitled to their 5.5 weeks holidays a year. The holiday year runs from Jan to Jan and if they don't take their holidays in the alloted time, they lose them. Does this still apply to this girl off on maternity leave? And can she add on her holidays to the end of her maternity leave? If she does this, what's to stop her adding them on, getting laid for them and then leaving her employment with me.....which is what I think is gonna happen. And advice would be greatly appreciated.

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[happyfeet]

No she won't lose them. You could do one of two things- pay her accrued holiday in her January pay (obviously that's past now) or roll them over. She will still accrue holiday whilst off on maternity and she can indeed bolt that on to her maternity if you agree. But you certainly cannot get away with her losing her holiday from previous Jan- Jan as she's on maternity. Point is whether she takes holiday on the end of her maternity or hands in her notice to coincide with the end of her holiday you still have to pay because she's accrued them. Xxx

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[missty25]

Yep, either way she's entitled to use the
Or get paid for them. Although in my non beauty job NHS you have to request that you want to use your holidays prior to the commencement of maternity leave, however, I don't think that they could refuse to let you do this as long as suitable notice given which is 4 weeks for my contract. If she uses all the holiday at the end then hands in her notice during holiday leave unfortunately there isn't anything you can do about this either. X

 

[crystaltash]

Ok cool. So how come most people lose their holiday entitlement if they don't take them? That's the way it works with other girls and a lot of other people I know..........is it because she has been on maternity?

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[happyfeet]

Yup that's the crux of it. She can't physically take her holiday because she is on maternity, but whilst on maternity she still accrues holiday. Hth xxx

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[ChicaHolly]

Yes it's because she's on maternity and not in work to be able to take her holidays. She is still employed by you so her contractual benefits still apply. She still accrues holiday while she is on maternity (and getting SMP) she just can't take her holidays while she is on SMP, so can take them before or after. Even if it goes into a new tax year she can legally carry them over as she can't take them while on SMP that would result her getting paid a different amount so easier to add it on at the beginning or end). Hope that makes sense.

As a small business you would get help paying her SMP from the government (up to 90% I think). A good website is direct.gov or give acas a call, they will be able to give you all the relevant info.