If an employee has taken both ordinary and Additional maternity leave (52 wks in total) what happens to the holiday entitlement for that year.
I have looked on the DTI website and came across this:
An employee will only be entitled to accrue any contractual annual leave she is normally entitled to if she agrees this with her employer.
The entitlement to leave under the Working Time Regulations 1998 must be used during the leave year in which the leave has been awarded and cannot be carried over into a new leave year. An employee cannot take annual leave during her additional maternity leave but, subject to the usual arrangements with her employer, there is no reason why she cannot take a period of annual leave immediately before or after maternity leave, assuming that this is within the leave year to which leave has been assigned. The only circumstances where workers can receive payment in lieu for outstanding leave under the Regulations are where the employment relationship with the employer has ended.
Does this mean that if the employee returns in April she will only be entitled to the hols between Jan and April of the current holiday year and loses the year previous?
Also within the maternity leave period can they be paid for holiday entitlement accruing over this period?
Tracey Topping