Do You Receive Paid Time Off Whilst On Maternity Leave?

The decision to accrue paid time off (PTO) during maternity leave depends on your employer’s policies. Some companies allow PTO accrual during maternity leave, while others do not. It is important to review your company’s policies and consult with human resources or your supervisor to understand the options available to you.

To determine whether an employee continues to earn PTO while on Family and Medical Leave Act (FMLA) leave, create a detailed policy outlining your rules surrounding PTO accrual and FMLA leave. Keep your rules consistent, as if you let employees accrue PTO on paid leave, you must let them accrue PTO on paid FMLA leave.

Using accrued vacation, sick, or PTO can maximize pay while out on maternity leave. On the other hand, holding onto your accrued time is also beneficial. If you work for a covered employer and are eligible for FMLA leave, you may use FMLA leave to provide physical and psychological care to your mother.

In compliance with §825.209 (h) of the FMLA regulations, an employer must treat the employee using paid leave while on FMLA leave the same way it treats other types of leave entitlements. While the law itself is conceptually straightforward, administration can become complex when considering other types of leave entitlements.

Using PTO may help extend postpartum leave, particularly if you qualify for another program like an employer or state-run parental leave. Most companies require that you use accrued PTO when out on any sort of leave, including FMLA. State and federal laws generally treat PTO accrual the same for both personal and vacation time and protected FMLA leave.

During parental leave, you are not legally required to pay the employee’s salary. You can use sick time, vacation, or PTO to supplement your DI or PFL benefits, so long as the combined amount does not exceed 100 of your normal weekly gross pay.

In conclusion, the decision to accrue PTO during FMLA depends on your company’s policies. It is recommended to ask the employee what their preference is and follow their guidance.


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How much is 9 weeks paid parental leave in the Netherlands?

Parental leave is a legal entitlement for employed parents or main carers of children under eight in the Netherlands. It can be partially taken as paid leave, with a maximum of 26 times the number of weekly working hours per child, with nine weeks paid if taken in the first year after childbirth. The parental benefit is 70 of the wage with a maximum of €179. 58 per day and can be taken part-time or full-time. If daily income is less than the social minimum, a supplement based on the Supplementary Benefits Act (Toeslagenwet) may be entitled.

The Dutch Health Care Insurance Act (Zvw) makes care insurance mandatory for everyone living and/or working in the Netherlands. The Long-term Care Act (Wlz) introduces general long-term care insurance covering individually uninsurable health risks for people living or working in the Netherlands with severe, long-term care needs and staying in an institution or at home. The Employee Insurance Agency (UWV) is responsible for implementing employee insurance schemes, including pregnancy, maternity, paternity, and parental leave.

Forms to apply for parental leave include obstetric care, pregnancy and maternity leave, adoption and foster care leave, paternity leave, and parental leave. To apply for parental leave, applicants must write their employer at least two months in advance in Dutch, specifying the number of hours, working days, and start and end date of their leave.

How much is maternity leave paid in the Netherlands?
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How much is maternity leave paid in the Netherlands?

Statutory leave is a type of leave that employees can take, such as holidays or parental leave. It is regulated by the Uitvoeringsinstituut Werknemersverzekeringen (UWV), while other types of leave are specified in your collective labour agreement (CAO) or employment contract and are regulated by your employer. Special leave, such as leave for a wedding or moving house, is also regulated by the Wet arbeid en zorg (Work and Care Act).

Your CAO or employment contract may contain arrangements that supplement or deviate from the statutory leave arrangements, such as zwangerschapsverlof en bevallingsverlof (pregnancy leave and maternity leave), geboorteverlof (paternity/partner leave), ouderschapsverlof (parental leave), adoptieverlof or pleegzorgverlof (adoption leave or foster care leave), zorgverlof (care leave) long or short term, and calamiteitenverlof en kort verzuimverlof (emergency leave and short-term absence leave).

Does PTO accrue while on leave?
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Does PTO accrue while on leave?

The FMLA does not mandate employers to allow PTO to accrue while an employee is on FMLA leave. However, federal law requires that any benefits earned during the leave period must be maintained. If an employer allows for continued leave accrual while an employee is on unpaid status, such as FMLA leave or vacations, that benefit must be continued. Many employers have policies that allow PTO accrual during paid leave but not unpaid leave.

The FMLA guarantees eligible employees twelve workweeks of unpaid leave in a 12-month period. Any benefits that would be maintained while the employee is on other forms of leave, including paid leave, must be maintained while the employee is on FMLA leave.

How many hours of PTO do I earn?
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How many hours of PTO do I earn?

Calculating PTO hours per year can be challenging for both employers and employees. Some employers offer PTO hourly or by days, with three weeks of PTO resulting in 120 hours. To calculate PTO, divide the hours by the pay period, which can be weekly, biweekly, semimonthly, or monthly. For example, if you receive 120 hours per year and are paid weekly, you would need to divide 120 by 52 to get roughly 2. 3 hours of PTO per period.

Multiplying the amount accrued each pay period by the number of pay periods worked is also necessary. For example, if you work two months without taking any time off and are paid semimonthly, you would accrue 20 hours. If you are paid weekly, you would accrue 20. 7 PTO hours.

Some employers have added unlimited PTO to their company culture, such as Google, Hubspot, and Netflix, to provide employees with a better work/life balance. This allows employees to decide when and when they can take time off without damaging the company. However, calculating and tracking PTO can be time-consuming and tricky for both employers and employees.

Do you accrue holiday while on maternity leave?

Maternity leave allows employees to build up holiday days as usual, but if they cannot take a holiday due to maternity leave, their employer can allow them to carry over up to 5. 6 weeks of unused days into the next holiday year. If they work irregular hours or only part of the year, a special calculation method is required. The ACAS website provides information on how to calculate leave. If they cannot take a holiday due to maternity leave, they can carry over all their holiday days into the next leave year.

How long is paternity leave in the Netherlands?
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How long is paternity leave in the Netherlands?

In the Netherlands, new parents are entitled to one week of paternity leave within the first four weeks after their child’s birth, with the option to extend this leave for up to five weeks. This unpaid leave can be taken within the first six months of the child’s birth and can be claimed up to 70 percent of the employee’s salary from the Employment Insurance Agency (UWV).

Parental leave allows employees with children under eight years to take unpaid time off at any point, calculated based on working hours per week multiplied by 26. For example, if an employee works 35 hours a week, they are entitled to 910 hours of parental leave for each child under eight years old.

Adoption and foster leave allows employees to take up to six weeks of leave to help a child become well-adjusted. This leave can be taken at any time, with the employee giving notice three weeks before taking it. Employees can apply for an adoption and foster allowance through the Employee Insurance Agency (UWV) during this time, which can be capped at €4, 660. 59 gross per month.

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.

Can you go on the sick straight after maternity leave?
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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.

What country has the best maternity leave?

Estonia is the country with the best paid maternity leave in terms of time off and employee salary. Other countries with great maternity leave benefits include Greece, Slovakia, Japan, and Luxembourg. There are 41 countries offering paid maternity leave and 141 offering some type of leave. Only seven countries do not require employers to offer paid maternity leave, including the United States, Papua New Guinea, and some Pacific Islands countries.

What is the longest paid maternity leave in the world?
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What is the longest paid maternity leave in the world?

The countries with the longest maternity leave periods are Bulgaria, Greece, and the United Kingdom, which offer 58 weeks of leave. The respective durations of maternity leave are 6 weeks, 43 weeks, and 39 weeks.


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Do You Receive Paid Time Off Whilst On Maternity Leave?
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Rae Fairbanks Mosher

I’m a mother, teacher, and writer who has found immense joy in the journey of motherhood. Through my blog, I share my experiences, lessons, and reflections on balancing life as a parent and a professional. My passion for teaching extends beyond the classroom as I write about the challenges and blessings of raising children. Join me as I explore the beautiful chaos of motherhood and share insights that inspire and uplift.

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