Women on maternity leave are entitled to benefit from all the terms and conditions which would have applied to them had they been at work, except for sums payable to the employee by way of wages or salary. HM Revenue & Customs has issued guidance that says that childcare vouchers are classed as non-cash benefits rather than remuneration, even if they have been provided by way of salary sacrifice, and must therefore be continued during maternity leave.
Employers cannot offset any of the cost of the vouchers against Statutory Maternity Pay.
Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.
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