Holiday entitlement on maternity leave and zero hours contract

I was under the impression that whilst on maternity leave you still accrue holiday. My boss is telling me that as I am on a zero hours contract she owes me no holiday. Is this right?

I note from your question that you currently work under a zero hours contract and wish to know whether you will accrue holiday whilst on maternity leave. Whether or not you are entitled to annual leave will depend on your employment status, which is determined in accordance with a number of legal tests. Most zero hours contracts give an individual ‘worker’ status but this depends on your particular circumstances and your relationship with your employer. Workers are entitled to annual leave and this will accrue in the same way as if you had full employment status as an employee.

However, you state that you are taking a period of maternity leave. Maternity leave and pay are family-friendly rights, which are reserved for employees, so as a worker, you would not generally be entitled to these benefits (although your employer may, of course, choose to give you these benefits if it decides to). You may, however, be entitled to maternity allowance if you meet the qualifying requirements.

Should you require any further guidance on the above issues then please do not hesitate to contact Tracey Guest on 0161 975 3823.

*Helen Frankland assisted in answering this question.

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