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How many days of holiday am I entitled for while on shared parental leave?

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  • How many days of holiday am I entitled for while on shared parental leave?

    I have worked for current employers for last 1.5 years. Recently I have decided to go on shared parental leave for 26 weeks.
    I was told I would be only eligible for statutory holiday payment (10 days) for the duration i have worked in this current year, which is 6 months.
    Just wondering if that is correct?
    My understanding was although I am going on leave but still I'm employed, and therefore I would receive 20 days of statutory holiday payment.
    Would be very much appreciated if anyone can help. Thanks.
    Tags: None

  • #2
    Re: How many days of holiday am I entitled for while on shared parental leave?

    Originally posted by Tapash View Post
    I have worked for current employers for last 1.5 years. Recently I have decided to go on shared parental leave for 26 weeks.
    I was told I would be only eligible for statutory holiday payment (10 days) for the duration i have worked in this current year, which is 6 months.
    Just wondering if that is correct?
    My understanding was although I am going on leave but still I'm employed, and therefore I would receive 20 days of statutory holiday payment.
    Would be very much appreciated if anyone can help. Thanks.
    Shared Parental Leave is exactly what it says, ie you share the 6 months (26 weeks) between you both: http://www.acas.org.uk/media/pdf/h/d...-employees.pdf

    Statutory paternity is different, is paid at £139.58 or 90% of wages (whichever is the lowest): http://www.acas.org.uk/index.aspx?articleid=1806

    Here's the rules on statutory paternity: https://www.gov.uk/paternity-pay-leave/how-to-claim

    Comment


    • #3
      Re: How many days of holiday am I entitled for while on shared parental leave?

      Thanks for your reply. But I was not exactly looking for this answer. Let me rephrase it,
      "While I am on 6 months leave, what happens to my annual holiday for that period? Am I considered to be working? Would I not receive the holiday payment for this 6 months while I was on leave?"

      Comment


      • #4
        Re: How many days of holiday am I entitled for while on shared parental leave?

        Originally posted by Tapash View Post
        Thanks for your reply. But I was not exactly looking for this answer. Let me rephrase it,
        "While I am on 6 months leave, what happens to my annual holiday for that period? Am I considered to be working? Would I not receive the holiday payment for this 6 months while I was on leave?"
        Update, if you suffer a detriment as person on paternity related leave, you possibly could bring a claim to the employment tribunal. The law is that you cannot suffer any detriment that affects your paternity rights: section 47 C, and 48 (1), Employment Rights Act 1996. So, it would seem if you did not accumulate holiday days whilst on Shared Parental Leave and other employees did who were in employment, it could be viewed as a 'detriment' under the law. You're also entitled to one week's pay whilst on paternity/ shared parental leave, apparently.

        If you're on shared parental leave, it shouldn't affect any holiday days you've built up. Technically, you're not in work so I don't think you can claim for holiday for the periods you're not in work, be it permitted leave, shared parental leave or anything else. It sounds like discrimination though if you were to forfeit holiday because you want to spend time with your new baby. It would be indirect discrimination for a female most likely, but am not sure whether it would be for a male under Equality law at least. What does your company's policy say about it?
        Last edited by Openlaw15; 12th August 2016, 18:34:PM.

        Comment


        • #5
          Re: How many days of holiday am I entitled for while on shared parental leave?

          Originally posted by Tapash View Post
          Thanks for your reply. But I was not exactly looking for this answer. Let me rephrase it,
          "While I am on 6 months leave, what happens to my annual holiday for that period? Am I considered to be working? Would I not receive the holiday payment for this 6 months while I was on leave?"

          Shared Parental leave is totally different from accrued annual leave. You state you have been employed currently for 15months. How much holiday do you get in a given year. Is it just the statutory? When does your leave year commence?

          Regards

          NMNP

          Comment


          • #6
            Re: How many days of holiday am I entitled for while on shared parental leave?

            While on shared parental leave you accrue exactly the same amount of holiday entitlement that you would accrue if you remained at work. See 96 in the link below from the Government's website.

            https://www.gov.uk/government/upload...-and-pay-1.pdf

            Comment

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