Hi can you post this anonymously. Does anyone know how annual leave works befor…


Hi can you post this anonymously.
Does anyone know how annual leave works before and after maternity when you only work term-time.
For reference I work 37 hours a week over 4 days. I am paid pro-rata for the school holidays so 38/39 weeks worth of pay spread over 52 weeks of the year. My pro rata salary monthly before tax and ni is roughly £1500. The leave year renews September 1st.
I am due to go on maternity leave 1st October and return 1st July. Upon returning I will essentially work for 2 weeks then go off for the 6 weeks holidays.
My employer says I’m not entitled to take annual leave entitlement like a normal employee as it usually rolls into my monthly pay. However I won’t be using it in my monthly pay as I will be receiving SMP. So what happens to my annual leave entitlement? I am aware I will use some of it on the return due to the 6 weeks holidays but I’m just unsure about how it works.


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2 comments

  1. I’m no expert, but my understanding is that maternity leave doesn’t remove your statutory annual leave entitlement. You continue to accrue annual leave while on maternity leave, including during the SMP period.

    Because you’re term-time only and your holiday pay is spread across 12 months, it can make things a little confusing. Your employer shouldn’t simply say you have no annual leave entitlement because it’s normally built into your pay.

    I’d ask them to confirm in writing how much annual leave you will accrue between 1 September and your return on 1 July, and how/when that accrued leave will be taken or paid. You may also want to check your contract and the school’s specific term-time/annual leave arrangements, as these can affect how the entitlement is calculated.

    ACAS has guidance on holiday entitlement during maternity leave too, which is worth checking.
    xx

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