Should I Receive All Of My Holidays During My Maternity Leave?

The Family and Medical Leave Act (FMLA) provides job-protected leave for certain workers when they take time off work for the birth, adoption, or foster care placement of a child. However, employees cannot take or receive holiday pay while on maternity leave. However, they can arrange with their employer to take it before or after maternity leave.

No federal law requires employers to pay employees for a holiday occurring during the leave. The Federal Employee Paid Leave Act (Public Law 116-92, December 20, 2019, as codified under the Family and Medical Leave Act provisions at 5 U.S.C. 6382) applies to private sector employees, State and local government employees, as well as some Federal employees. Over three in four workers receive paid holidays.

In the U.S., employees who meet specified eligibility requirements and whose employers meet coverage criteria are entitled to 12 weeks of unpaid maternity leave. However, the only federal law guaranteeing maternity leave in the U.S. is unpaid and applies only to some employees. The Family and Medical Leave Act is the most relying law for most women.

Employees are entitled to a statutory minimum of 5.6 weeks’ annual leave per year, which can include paid bank holidays. This means they continue to accrue normal benefits such as paid holiday as if they were at work. Holiday leave is also accumulated during maternity leave and (temporary) sick leave. Annual leave cannot be taken while you are on maternity leave, although holiday entitlement does accrue during this period.

As an employee, you may be entitled to leave, such as pregnancy leave, parental leave, or care leave, and you are also entitled to leave for any public holidays that occur during your maternity leave (including additional maternity leave).

What is the new maternity leave law in the Netherlands?

In Dutch, pregnant employees are entitled to a minimum of 16 weeks of leave, including 6 weeks before the due date and 10 weeks after childbirth. This leaves them with a total of 16 weeks of leave. If the baby is born before the pregnancy leave, the total of 16 weeks starts from the day after the birth. Maternity leave can be longer than 10 weeks, and if an employee takes less than 6 weeks of pregnancy leave before the birth, they can add the remaining amount to their maternity leave after the birth.

Can you go from sick leave to maternity leave?

If you get sick while on maternity leave or additional maternity leave, you cannot postpone your leave and take it after your sick leave ends. Maternity leave must be taken in one continuous block. Work-related sick leave is treated the same as any other sick leave, but you cannot take the rest of your maternity leave after it ends. If you become ill while on additional maternity leave, you can ask your employer to end it, and they will treat you as on sick leave. You may qualify for Illness Benefit, but you cannot take the rest of your additional maternity leave later. Postponing maternity leave if your baby goes into the hospital is not possible.

What happens if you lose your job while pregnant?

Pregnant women can be fairly dismissed if the main reason for dismissal is unrelated to their pregnancy, but if it is related to pregnancy, it may result in unfair dismissal and discrimination. Reasons for dismissal may include illness, sick leave, time off for antenatal appointments, or poor performance due to pregnancy-related fatigue. Pregnancy can be physically and mentally taxing, and if a pregnant woman cannot perform her job due to illness, she may need to take sick leave.

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 many months are you on maternity leave?

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid time off for pregnancy-related absences or newborn care. This option is available to about 60% of the workforce, including same-sex couples. To qualify, employees must work for a private company with 50 or more employees, have worked for at least 12 months, and have worked at least 1, 250 hours in the previous year. However, there are some fine print to be aware of.

What is the maximum maternity leave in the Netherlands?

The mother has the right to 16 weeks of leave, including 6 weeks of pregnancy leave before the baby’s birth and 10 weeks of maternity leave after the baby’s birth. If the baby is born before pregnancy leave, the 16 weeks of leave start the day after birth. Pregnant employees are encouraged to start pregnancy leave six weeks before birth, but taking leave four weeks before the child’s birth can add two weeks to maternity leave.

Do you get holidays 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.

What is the protected period in pregnancy?

The legislation safeguards individuals throughout the “protected period,” which encompasses pregnancy, maternity leave, the return to work, and the termination of employment. It is possible for discrimination to occur outside of the protected period if it is related to pregnancy or maternity. In the event of dismissal during this period, the individual in question must be provided with written justification.

What happens if you get pregnant on maternity leave?

Employees who become pregnant during maternity leave are entitled to an additional 52 weeks of leave. However, they cannot start their next leave until the 11th week before their baby is due. If their first leave ends before this, they must return to work until the 11th week, consider taking another type of leave (such as holiday leave), or employ someone else to do the work (‘maternity cover’) while the employee is on maternity leave. The employer must decide if this is possible and provide the correct notice.

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.

Can you be made redundant while on maternity leave?

Employees on maternity leave can be made redundant by their employer if there is a genuine redundancy situation and proper consultation is provided. However, if there is no genuine redundancy situation and the employee is made redundant due to maternity leave, it could be unlawful maternity discrimination. The Equality Commission offers guidance on managing redundancy for pregnant and maternity leave employees in their Pregnancy and Maternity at Work guide for employers. Employees can also find information on their entitlements on the redundancy section of NI Direct’s website.