Maternity and sick leave

[Nh1011]

My partner was signed off sick due to the pregnancy in Jan 2018 and her maternity leave started in July 2018, she is due to return to work in April this year but doesn't want to go back.

Her holiday year runs Jan-Dec and from what I've read, she is still entitled to accrue holiday leave during both sick and maternity leave.



If my understanding is correct, do last year's holidays carry over because she couldn't take them and is there anything specific that should be included in her resignation letter to make this clear or should the company already be aware of this?



Thank you for any help and guidance you may be able to offer

[james_law]

I would firstly look to your contract to see if that provides some answers in relation to holidays.

[ULA]

Whilst on maternity leave, your wife will continue to build up her holiday entitlements, just as she can if she were absent due to illness. If she could not take all the leave she was entitled to due to her maternity and sickness absence, then it is carried over the following year.

[Nh1011]

Thanks to you both for the replies! Would you recommend requesting payment for this in the resignation letter?

[james_law]

Thanks to you both for the replies! Would you recommend requesting payment for this in the resignation letter?

You could do but by law they should pay any holidays that you have outstanding.

[ULA]

It would be worth asking your wife to calculate how much holiday she believes she has accrued up to her leaving date. Then "gently" in the letter she can say that she believes there will be xx number of days owing to her for accrued but untaken holiday pay.