Hi, I have a question for the HR experts on here. I’d appreciate any advice.
When someone is not coming back from maternity leave you then pay them all the holiday they have accrued through that period. Now do you have to pay them the public holidays too? I can’t get my head round that one. Holiday is 25 days plus the public holidays. So are they actually due 33 days pay (pro rata)?
Any advice please?
Dont they actually have to come back to work under the terms of the agreement, even if it's only for a week?
Depends on the agreement of course. My missus never went back and got paid for all the holidays, but I dont remember it including public holidays, but I'm sure she had to use some leave so she could be "back" for a while - but on holiday - and then left officially.
Personally I thought the whole thing stunk a bit. She had no intention of going back, but strung it out, went back for a few days then got paid for all the holiday she never took when she was off anyway!
Holiday accrues whether or not they return from maternity leave - not paying it for someone choosing not to return would be an unlawful deduction of pay.
It was the enhanced maternity pay bit I'd forgotten, until you mentioned it.
So my missus had to come back for a while otherwise she would've lost (at least some of ) the enhanced maternity pay she'd got - which in practice meant giving up (or offsetting) some of the additional holiday pay she was entitled to.
So, back to my original point, which was that I guess it will ultimately depend on the maternity policy in place at the time and what she signed up to.
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So my missus had to come back for a while otherwise she would've lost (at least some of ) the enhanced maternity pay she'd got - which in practice meant giving up (or offsetting) some of the additional holiday pay she was entitled to.
So, back to my original point, which was that I guess it will ultimately depend on the maternity policy in place at the time and what she signed up to.