Holiday pay when on mat leave

Hi, is anyone clued up about maternity benefits?

I had the impression that as I have 20 days holiday a year that I could take all of that in holiday leave before the baby is born and then start maternity leave as I only get the basic SMP so need to hold off on that for as long as possible.

However just spoken to my boss and she has said that I can only use up the days that I have accrued so far so as I am due in March that would only be 3 months worth of holiday leave (Jan to Mar).

Does anyone know if that's right? She also said that once I start mat leave she doesn't think that I get paid the same rate of holiday pay as I would do if I was actually working there?

Is anyone clued up on this sort of thing, as although I have found some info on the net, it doesn't seem to go into enough detail on the holiday leave front.



  • Yes you should accrue holiday leave whilst you're on maternity leave but they wouldn't be obliged to give a full year's entitlement in advance- I guess incase you decide to leave and they have no way of claiming the money back if you're on SMP only.
    Rosa x
  • You should have all your holiday hun. I have 25 days and I am due in Aug I can either use up that holiday in that time, or leave 25 days full pay before mat pay kicks in, so I have no idea what your boss is talking about.

    I would say have a work with HR hun

    K xx

  • you can only use what you've acrued before u go on mat leave, i didn't know u still got them while u were on mat leave but all the other girls have said u can so it must be right...

    K-Lou u must just have a good boss who's willing to do that, legally they don't have 2 x
  • thanks for your replies, unfortunately I work for a very small company so no HR, no contract of employment, and very unprofessional boss with no one higher up that I can chat to about it!

    I guess its rests on whether I do have to accrue the holiday as I was hoping to get the 4 weeks off before mat leave, but obviously wouldn't have accrued it by then. I can see why they wouldn't allow it, but I've told them I want to be off for the rest of that year, so hol leave is going to build up anyway.

    Does anyone know, if I had to wait until the end of mat leave to get paid the holiday, would I get it at full pay or would it go down to statuary pay? I doubt I'll be able to return to work after mat leave as they are not willing to consider flexible hours so they have said full time or nothing which I don't think I want to do, so will definately want to get paid for the holiday I've built up if possible!

    Sorry for all the questions, wish I had a HR department!


  • Could you use the holiday you've already accrued before going on mat leave, and then use the holiday you've accrued whilst on maternity at the end of your leave? I don't know if you're able to do that or not, but I s'pose it's worth asking??
  • I used up all my hol before starting my mat leave (my hol runs till end april, and start again on 1st may), I wouldn't be going back un til sept (with the 9 months paid leave), so if i didn't take them i would of lost them! However what i think im saying is when I left, I had not accrued my full allowance, i wouldnt of done that until end april...

    I think a lot of people take all there hols before they start mat leave.

    Em x
  • I think it depends on the company. My employer is letting me have 2 weeks holiday paid in January (hols run jan-dec) but they dont have to do that. The remaining hols I will accrue for the remainder of maternity I will take before I go back

  • thanks for your replies!

    SB - I think you are right, I probably need to get in touch with CAB and find out where I stand.

    In answer to your question about not having a contract of employment, I work for a small family run business, boss is over 70 and with it, mad, unprofessional, lies to everyone and stirs sh*t but for some bonkers reason thinks she is a very professional boss, but just doesn't feel the need for such things as contracts!

    When I found out about the lack of contract I was going to look for another job but the Govenment does protect staff to a certain degree and I'm ??5k overpaid for what I do, so couldn't face the paycut!!!
  • oh I'm not too sure, I'm having a quiet morning, so will see if I can find some more info on the net on contracts! x
  • EM1983 - Thats just what I am doing, HR told me if I did not use it up before I left all 25 days i would lose them as our hols run from Jan - Dec.

    You are leaving the company you will be on Mat leave so really you should still be entitled to your holiday, all of it. Thats how HR explained it to me and i thought most places had to do that?

    k XX
  • Has anyone found a useful website with this info on? As I will ask my boss about this tommorrow and would like evidence incase he tries to not let me have it!
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