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Post Info TOPIC: SMP and holiday pay


Master Book-keeper

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SMP and holiday pay
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During a telephone chat with one of my clients it turns out that a casual employee is due to go on maternity leave with her main employer, so won't be available.  Although it won't crop up as an issue (she's the daughter of the client) it got me thinking as to how this would affect someone in the same situation.

In the last year her hours were 190 so that would equate to 23 hours holiday pay.  Her last working period with the client was week 47, paid in week 48. For the purposes of the exercise she is an employee (just checked and workers don't get the entitlement anyway) 



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Senior Member

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This would be one to check with an employment specialist but my understanding is that holiday pay and leave entitlement continues to accrue during maternity leave so unless told otherwise I would work out the entitlement for a casual employee based on an average of working hours over the last however many weeks. Exactly how many weeks to average I don't know and would have to find out somehow.

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Julie



Master Book-keeper

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Hi Julie, it's usually 12 weeks but I don't think that would work because you wouldn't be able to accrue any hours with them not working.



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Senior Member

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But as the only reason they arenât working is maternity leave to avoid discrimination you have to calculate the average hours they would probably have worked to avoid discrimination Iâd have thought. But as I say, I reckon it needs an employment law specialist.

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Julie

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