Accruing leave during SMP

[Soton]

Hi

I'm new to the forum and hope someone can help me and perhaps point me towards the relevant law.

I have a staff member who has been with us nearly 2 yrs. Her contract entitles her to 28 days annual leave, including bank holidays and a compulsory leave period at Christmas.

She is about to take 12 months of statutory maternity leave.

From some google research it appears she is entitled to accrue annual leave for the 12 months she is off. Does she accrue the full 28 days even although some of it is date specific? For avoidance of doubt she has had the compulsory leave period off, at Xmas since she started and had every bank holiday off.

Thanks in advance for any help

[mariefab]

Re: Accruing leave during SMP

If she normally works 5 days a week, 28 days paid holiday is the minimum permitted by law in the UK.


So, yes she would accrue the full 28 days during her maternity leave.

[mariefab]

Re: Accruing leave during SMP

The relevant law for paid holiday entitlement is the Working Time Regulations 1998 which gives the right to a minimum of 5.6 weeks paid holiday.
See the government's overview below.
https://www.gov.uk/holiday-entitlement-rights

The right to accrue holiday entitlement (and other benefits) while on maternity leave is covered by the Employment Rights Act 1996.
See s.71(4)(a) & s.73(4)(a) below.
http://www.legislation.gov.uk/ukpga/...VIII/chapter/I

[Soton]

Re: Accruing leave during SMP

Thanks for the reply and link