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Holiday entitlement

Zero hours on maternity leave

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I'm going dizzy trying to find a definitive answer here.

Employees on zero hours contract, leave is calculated by reference to hours worked since the start of the leave year each pay day.

Employee goes on maternity leave.

I know that employees on fixed hours still accrue holidays, but do those on zero hours contracts continue to accrue, and if so, on what basis?


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02nd Apr 2019 13:07

Phoned ACAS for the answer. For anyone interested, it's done on the average of the 12 weeks leading to the start of maternity, and use that average for each week of maternity leave to accrue leave.

Thanks (3)
By Bobbo
to SteLacca
02nd Apr 2019 13:24

Is that not how it's meant to be calculated for 'normal' leave anyway?

Thanks (0)
to Bobbo
02nd Apr 2019 13:51

The difference is that the weeks since maternity commences are disregarded, and the last 12 weeks prior to maternity leave are used throughout the whole maternity leave.

Thanks (1)
By Bobbo
to SteLacca
02nd Apr 2019 15:17

I get that.

Rather, I meant in comparison to your original comment that normally annual leave for zero hours employees is calculated by reference to hours from the start of the leave year rather than average of the previous 12 weeks?

Thanks (0)
26th May 2019 11:34

ok so someone on a zero hours type contract ... over the past 12 weeks they say have worked say cumulatively 625 hours at [ hypothectically ] £ 6250 gross over that 12 week peiod

HP - is it as simple as saying £ 6250 x 12.07% is Hol Pay owed for the 12 week period ? or if not how is the sum payable actually calculated..

contract says 20 days +stats per annum so any 12 week period - circa 1/4 annual entitlement - but is this a bit of a red herring on zero hour/ or / average of past 12 weeks [***] ?

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