Are Bank Holidays Earned By Employees While They Are On Maternity Leave?

While on maternity leave, employees can still accrue their usual holiday entitlement, including bank holidays. However, they cannot take or receive holiday pay while on leave. However, they can arrange with their employer to take it before or after maternity leave. If an employee cannot take their holiday because they are on maternity leave, they can carry over all the holiday they have built up into the next leave year.

Employees are entitled to a statutory minimum of 5.6 weeks’ annual leave per year, which can include paid bank holidays. This is equivalent to 28 days for full-time employees (pro-rata for part-time employees). Bank holidays are one of the entitlements that continue to accrue or build up while on maternity leave.

In the UK, NHS employees in Scotland and Northern Ireland are entitled to accrue bank holidays as well as annual leave during maternity leave. If the employer’s vacation policy or practice mirrors the minimum standards in employment standards legislation, then an employee on such a leave does not.

While on maternity leave, employees continue to accrue bank holidays as if they were still at work. Under the ERA 1996, terms related to both statutory and contractual annual leave continue to accrue during maternity leave. The employer should discuss with the employee whether they will take any leave during maternity leave.

The answer to whether you can accrue bank holidays while on maternity leave is not straightforward, as English laws relating to bank holidays may vary. It is best to agree on your entitlements while on maternity leave and ensure that you do not miss out on bank holidays.

How long before the due date should I start maternity leave?

Maternity leave may commence on any day from 11 weeks prior to the estimated date of delivery, except in instances where the employee is absent from work due to a pregnancy-related illness, in which case the leave may begin four weeks prior to the estimated date of delivery, commencing on an earlier date than the chosen commencement date.

Can you earn money while on maternity leave?

Legally, you can earn income through self-employment while receiving Statutory Maternity Pay from an employer, but you must check if your workplace employment contract permits this. Sophie Baldwin, a 32-year-old freelance social media manager and digital marketing consultant, continued to work while on maternity leave, feeding her newborn, changing nappies, and entertaining a crying baby on calls.

How is maternity pay calculated?

The summary is about how to calculate the weekly average of SMP, which is paid at 90 of your normal earnings in the reference period. For the first six weeks, SMP is paid at 90 of your earnings, and for the next 33 weeks, it is paid at the same 90 of your earnings or the flat rate, whichever is lower. For example, Linda, who earns £5, 000 gross in two months, would need to divide this by two, multiply it by 12 to get an annual figure of £30, 000, and then divide by 52 to get a weekly average of £576. 92.

How does maternity leave work in the UK?

In accordance with the pertinent legislation, eligible employees are entitled to a maximum of 52 weeks of Statutory Maternity Leave. This comprises 26 weeks of Ordinary Maternity Leave and a further 26 weeks of Additional Maternity Leave. The earliest period of leave may be taken 11 weeks prior to the expected date of childbirth, unless the employee chooses to commence the leave earlier. It is a requirement for eligible employees to take leave at least two weeks after the birth of the child, or four weeks in the case of factory workers.

Can you work bank shifts whilst on maternity leave?

It should be noted that engaging with the Trust Temporary Staffing Department (bank) during an unpaid maternity leave period will result in the immediate cessation of the maternity leave.

Can you go on the sick straight after maternity leave?

If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.

If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.

If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.

If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.

If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.

Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.

If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.

You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.

If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.

You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.

The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.

If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.

You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.

If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.

Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.

You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.

Do you accrue bank holidays on maternity leave in the UK?

During the period of maternity leave, employees may continue to accrue their customary allotment of vacation time, inclusive of bank holidays. It should be noted, however, that the taking or receipt of holiday pay is not permitted during the period of leave. It is possible to arrange with one’s employer to take one’s holiday entitlement either before or after the period of maternity leave. It is crucial to initiate a dialogue with your employer at the earliest opportunity to establish a mutually agreeable framework for the utilisation of your holiday entitlement.

Can you locum on maternity leave?

Self-employed locums can be a viable option for those taking maternity or family leave and receiving Statutory Maternity Pay (SMP), Shared Parental Pay (ShPP), or Statutory Adoption Pay (SAP). However, if the same employer performs similar or similar work on a self-employed basis, payment may be at risk as it may not appear to be genuine self-employment. If a contract allows for work outside of maternity leave, employers cannot impose clauses limiting this freedom, which could be considered maternity discrimination.

How does maternity allowance get paid?

Maternity Allowance is paid every 2 or 4 weeks and is typically paid directly into your bank, building society, or credit union account. Claiming Maternity Allowance may affect other benefits such as Universal Credit, bereavement benefits, Carer’s Allowance, Carer Support Payment, Council Tax Reduction, Employment and Support Allowance (ESA), Housing Benefit, Income Support, and Jobseeker’s Allowance (JSA), which will stop if you receive Maternity Allowance.

How to calculate 52 weeks maternity leave?

Maternity leave is permitted for a period of up to 52 weeks for employees who meet the eligibility criteria. The aforementioned leave comprises two distinct categories: ordinary maternity leave, which spans the initial 26 weeks, and additional maternity leave, which encompasses the remaining 26 weeks. The mandatory leave period necessitates that employees take a minimum of two weeks following the birth of the infant, with factory workers receiving an additional four weeks. Shared Parental Leave (SPL) is available to either or both parents.

What is the payment during maternity leave in the UK?

Statutory maternity pay, which lasts up to 39 weeks, includes six weeks of receiving 90 percent of the employee’s average weekly pay (before tax) and 33 weeks of receiving either £184. The weekly amount is either £30 or 90 percent of the employee’s average weekly pay, with the latter being calculated before taxes.