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chris-hadrill-profileChris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“Am I entitled to receive holiday pay if I am on maternity leave?”

If you are on maternity leave (whether this is ordinary maternity leave or additional maternity leave) then you continue to accrue all contractual entitlements (save for remuneration) which you would have enjoyed had you not been on maternity leave. Put another way, you are entitled to accrued statutory (currently 5.6 weeks) or contractual annual leave in the normal way if you are on maternity leave.

Whether you are entitled to carry over any annual leave from one leave year to the next whilst on maternity leave is an issue which is still yet to be absolutely determined as the Working Time Regulations 1998 and European law are in conflict on this point. However, if you have accrued annual leave prior to going on maternity leave, and wish to carry this leave over to your next ‘leave year, then it is generally deemed to be good practice for your employer to take the extra leave on your return from your maternity leave.

To answer the question posed: you are not entitled to receive holiday pay in lieu if you are on maternity leave, but you are entitled to, on your return to work, take any holiday accrued whilst on maternity leave.

 

 

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog. Contact Chris by emailing him at chadrill@redmans.co.uk

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    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

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    Karen T

    Great service. Thank you.

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    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

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    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

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    Excellent company very professional would definitely recommend

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    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

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    Anonymous

    Great job done on my employment law

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    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 1 week ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

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    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 1 week ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 1 week ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 weeks ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 weeks ago

    Zara M

    Rana at Redmans gave me support and confidence I needed to ensure a wrong, was put right. I couldn’t recommend enough.

    Posted 2 weeks ago

    Stuart T

    Chris provided an excellent service, he was efficient and friendly and I had no doubt when recommending him to my colleagues

    Posted 2 weeks ago

    Anonymous

    Excellent service, prompt responses. Chris Hadrill provided excellent and efficient service.

    Posted 2 weeks ago

    Jane M

    Wonderful solicitors who really listen to you and who are there to offer expert legal advice but they also have a personal touch and you really feel supported both from a legal aspect but also from a personal aspect. They really listen .

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    They dealt with my case professional and swiftly. The advise was helpful and enabled me to make the right decisions in my case.

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    I have received a great legal advice from Redmans on a very short notice. I’d highly recommend them.

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    Michael D

    Excellent, efficient advice - the whole matter was concluded with minimum fuss and an excellent outcome.

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