Today's Business Woman 2/08

• There are additional deductions that an
You are entitled to
paid time off when
employer can lawfully make including; if
you are pregnant
an employee has been overpaid or taken
part in industrial action, or deductions
made as a result of a court order or
employment tribunal.
Holiday entitlements
Everyone looks forward to their holidays but
there can be confusion about how much you
can take and when.
• Employees have a statutory right to at least
4.8 weeks (4.8 times your usual working
week) annual leave, which works out at
24 days if you work a ﬁ ve-day week. This
number will increase to 5.6 weeks on 1
April 2009.
• The maximum statutory holiday entitlement
is 28 days a year, but an employer can
always give more.
• Unless your contract states otherwise,
bank holidays are included as part of your contract of employment states as such.
If you feel your
rights aren’t being
entitlement. • If you do not tell your employer that you are honoured you can
• Employees are paid their normal, agreed off sick straight away you could lose
ask for a tribunal
pay for holidays. some or all of either SSP or contractual sick
• Employers can control when an employee pay. Your employer can refuse to pay you
takes holidays. contractual sick pay for the days you are off
• Employees have no legal right to additional and don’t call in sick.
holiday, paid or unpaid, unless your • Employees have a statutory right to paid
contract provides for this. time off work for trade union ofﬁ cial
• If, as an employee, you don’t take all duties, to look for new work if marked for
your entitlement in your holiday year, redundancy, and to receive antenatal care.
your employer may let you carry over • Employees can also take paid time off to
the remaining to the next holiday year. give birth, take adoption leave and can ask
Employees must take at least four weeks’ for ﬂ exible working hours to care for a child.
holidays a year, so only holiday on top of • Women can take up to 52 weeks’ maternity
this can be carried over, with your leave, which doesn’t depend on how long
employer’s permission. you have been employed in your job. This
• Employees do not have an automatic right includes the ﬁ rst 26 weeks, called Ordinary
to carry over holiday. Maternity Leave (OML), where you receive • If you have worked for your employer for
the same rights as under your contract of at least 26 weeks at the beginning of the
Sick leave and time off work employment except normal pay, unless 15th week before your baby is due and
You can never predict when you will have to your contract allows for it. earn at least £90 a week, you may qualify
be absent from work because of illness or • A further 26 weeks can also be taken; this for Statutory Maternity Pay (SMP). You can
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other personal reasons, so it helps to know is known as Additional Maternity Leave and get SMP even if you choose not to return to
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where you stand when it does happen. must be taken directly following OML. work after having your baby.
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• Most employees are entitled to Statutory • In order to take maternity leave, employees • You can get up to 39 weeks’ SMP but your
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Sick Pay (SSP) for the ﬁ rst 28 weeks they must tell their employer no later than the contract may entitle you to more.
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are off sick, provided they can prove they end of the 15th week before the baby is
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are sick or disabled. due. You can begin your maternity leave ir
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• You are eligible for SSP if you are off for any time you choose from the 11th week
Useful links
Directgov, direct.gov.uk;
more than four days in a row and earn before the birth.
Advisory, Conciliation and Arbitration Service (ACAS),
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more than £90 a week. • If you have taken 26 weeks OML, you have 08457 474747 (Monday to Friday, 6am to 6pm),
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• SSP is paid at a ﬁ xed rate of £75.40 a the right to return to the same job you had
acas.org.uk;
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Citizens advice bureau; citizensadvice.org.uk istist
week; you may receive more if your before you went on leave. © ©
TODAY’S BUSINESS WOMAN 41
T'sBW10 legal.indd 41 1/12/08 6:34:19 pm
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