Loss of holiday pay after maternity leave in the UK?
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My partner is currently on additional maternity leave and whilst off and before taking leave, she had earned 20 days holiday which has not been taken. Her employer has stated that because she is not returning to work until january, she will loose out on her 20 days holiday and will not be paid it or will be unable to take it. The reason behind this, is that the employer will not allow the holiday to roll over to next year. I have tried looking this up but the details are unclear. Basically i think this is wrong and that she should either be paid the holiday that she has rightfully earned whilst working for the company. Or be entitled to the time off. Could anyone offer any advice on this. (She has worked for the company for over 4 years)
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Answer:
She continues to accrue holiday while on maternity leave. She is entitled to be paid for it in lieu of taking time off - which is clearly irrelevant if you are already on maternity leave. There is no discretion for the employer here so they are plain wrong.
bob g at Yahoo! Answers Visit the source
Other answers
She should still be entitled to her holiday, after a year maternity leave and not returning back to work after my daughter i was still paid my full 28 days of holiday in full when i left. I can't see how she can not be entitled if i was, even after not returning to work. I would take this up with the CAB or your solicitor, i think her employer is trying to scam her out of her legal entitlements!
spring_rainbows
take your employer to an industrial tribunal
Martin N
Actually, basically i think it is right. Many, perhaps most, companies of any size in UK do not allow you to roll over holiday. Take it or lose it. If she is unable to take it because she is on maternity leave she loses' it.
Fairdo4all
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