Maternity and holiday pay

Maternity and holiday pay

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An employee has just been paid 26 weeks SMP. She has now taken a week's holiday before coming back to work. How is the holiday pay calculated? Is it the average of the last 12 weeks ie one week's SMP or is it the average of the last 12 weeks prior to her been paid SMP? Any comments would be appreciated.
Robert

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By neiltonks
05th Jun 2007 13:14

Normal pay?
I believe she needs to be paid whatever her holiday pay would have been had the maternity absence not existed.

Basing her holiday pay on the SMP rate would mean she'd been disadvantaged because of the maternity absence and this might lead to a sex discrimination claim.

Neil.

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By nabailey
05th Jun 2007 13:32

Back to normal
The holiday pay will be based on her standard rate of pay.
She will be taking leave from her annual entitlement. Any holiday not taken or paid prior to her going on maternity leave will still be owing.

Nick

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By User deleted
05th Jun 2007 14:41

Thanks for those comments which confirm what I was thinking.

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