Accrued holiday during maternity leave

pinkwoodentop · Postby **pinkwoodentop** » Fri Mar 14, 2014 12:25 pm

I am now back at work after a year's maternity leave so I know I have accrued all of my holiday over the last year. I am only allowed to carry over 5 actual days from last year and they will pay me for the rest. However, my salary is made up of half basic salary and half commission (office commission rather than personal performance) and my employer has said that they will only pay me my basic salary for the accrued holiday that I cannot take. Is that right or should I be entitled to at least some commission- perhaps calculated as an average over the preceding year? If I had known about this I may have taken more actual holiday at the beginning of my maternity leave as at least this would have been at full pay.
Any advice is much appreciated.
Thanks

dudette · Postby **dudette** » Mon Mar 17, 2014 10:41 am

What does your contract say?

dudette · Postby **dudette** » Mon Mar 17, 2014 10:42 am

What does your contract say?

AlisonH · Postby **AlisonH** » Mon Mar 17, 2014 10:44 am

It won't always matter what the contract says, as some maternity rights are contained in statute and a contract can't override them.

pinkwoodentop · Postby **pinkwoodentop** » Mon Mar 17, 2014 10:59 am

My contract doesn't talk about holiday during maternity leave. I have checked the company manual which says "we will discuss with you how much annual leave you may want to take before you go on maternity leave and agree on a case by case basis how to deal with any accrued but unused holiday arising at the beginning and/or end of your maternity leave. It may be, for example that we can agree that you will be paid in lieu for any holiday which accrues during your maternity leave".
Nobody discussed it with me before my maternity leave and no mention of only allowing 5 days to be carried over (although this is company policy for any employee) and no mention of that pay only being basic salary.

JoEmpLawyer · Postby **JoEmpLawyer** » Mon Mar 17, 2014 11:00 am

Hi Pinkwoodentop

I'm an employment lawyer, and if you could please scan your contract to me, I would be happy to have a look at this for you (for free and confidentially, unless you require more complex advice, in which case we can discuss a way forward).

Please email me when you get the chance on joanna.martin@smab.co.uk.

All the best,

Jo

PS) My full details are here, I have advised a large number of NVN users and am always happy to speak first for free: http://www.nappyvalleynet.com/mums/view ... er#p103862

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