One of the most frequently asked HR questions throughout September concerns the accrual of holiday during maternity leave. HR professionals should remember that, while they used to be free to decide whether or not any contractual holiday entitlement above the statutory minimum continued to accrue during additional maternity leave, the position has changed for employees with an expected week of childbirth beginning on or after 5 October.
- Do employees on maternity leave continue to accrue holiday during this period?
- If an employee receives a payment in lieu of notice, will his or her annual leave entitlement accrue up to the termination date, or the end of the notice period?
- Can an employee be required to take his or her outstanding leave while on garden leave?
- Can an employee who is absent due to sickness in the months immediately after the birth or adoption of a child take paid paternity leave at a later date?
- Is ‘last in, first out’ still a valid redundancy selection criterion?
- Is alcohol addiction covered by the Disability Discrimination Act 1995?
- If an employee in a TUPE situation refuses to transfer, will he or she be entitled to a redundancy payment?
- Can an employee bring a breach of contract claim in an employment tribunal?
- What rights do employees who are under notice of redundancy have to take time off work?
- Are employers required to pay for eye tests and glasses for their visual display unit operatives?



