Comments by Odette Dadds

Odette Dadds
Member - 4 posts

Thank you Janet but the different advice is coming from the fact that an employee is entitled to the company's contractural holiday for the first six months of maternity leave. In this instance 3 of those months were paid but the next 3 months Jan-Mar were not. One ACAS advice says those 3 months should be paid at the company's rate + 3 bank holidays the other that because additional maternity leave was taken these same three months should be paid at the government's statutoty rate only.

Odette Dadds
Member - 4 posts

Thank you Lisa but the company applies the government's statutory minimum entitlement whilst an employee is on maternity leave hence the problem.

Odette Dadds
Member - 4 posts

Employee left end September 2007 on maternity leave.She worked 5 days per week.She took her contracted annual entitlement of 25 days+bank holidays for the year to 31/12/2007.She will return 1 October 2008.I believed she was entitled to 1/4 x 25 days Jan-Mar 2008, the remaining 3 months ordinary maternity leave=6.25days,OR 1/4 x 25+8 including bank holidays=8.25days and then 1/2 x 4.8weeks=12days for the period Apl-Sept. 2008,the six months additional maternity leave.The months Oct-Dec 2008 then paid at our contractual rate x 1/4. ACAS have two completely different answers.First that the period Jan-Mar should be paid at 1/4 x 25days + the 3 bank holidays=9.25 days the next 6 mths at 1/2 x 4.8 (12 days)weeks as above.Second advice was that as additional maternity leave was taken the whole of the period Jan-Sept should be paid at the government's statutory rate so that 3/4 x 4.8 weeks= 8days a difference of 3.25 days. Is there any chance you would be able to give me a definitive answer?