Would My Maternity Leave Count Toward My Holiday Accrual?

During maternity leave, employees can accumulate their usual holiday entitlement, including bank holidays, as long as they are not unable to take or receive holiday pay. However, they can arrange with their employer to take it before or after maternity leave. Employees can take up to 52 weeks of maternity leave, and in many cases, their time away from work will cross from one holiday year into the next.

Employees do not usually build up paid leave while on unpaid parental leave. However, they will continue to accrue some types of paid leave during periods of employer-funded paid parental leave, keeping in touch days, holiday entitlement, and redundancy rights. Employers may have policies to deal with holidays and family-related leave.

During any period of statutory maternity, paternity, adoption, or shared parental leave, employees will continue to accrue statutory and maternity leave. It is up to the employee to decide when they wish to take their paid holiday and agree it with their employer in the usual way.

Status Maternity Leave is an option for employees who take time off to have a baby. Annual leave cannot be taken during maternity leave, although holiday entitlement does accrue during this period. Employees only accrue holiday hours when they work, are ill, on maternity leave, long-term care leave, or other similar periods.

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 this period. Most employers will allow employees to take their accrued holiday at the end of their maternity leave in one go. Pregnant employees are entitled to 6 weeks pregnancy leave (before the due date) and at least 10 weeks maternity leave (after childbirth).

How to calculate accrued holiday?

Staff accrue holiday as a monthly proportion of their annual entitlement, accumulating one twelfth of their entitlement in advance each month. For instance, a 28-day annual entitlement worker starting in January will accrue 6/12 of their entitlement by June, or 14 days. Employees continue to build up leave even during maternity, paternity, adoption, or sick leave. Part-time and zero-hours workers also accrue holiday, but their annual leave accrual is calculated differently. Part-time workers are allowed to work 5. 6 weeks of their annual entitlement, resulting in 11. 2 days of leave per year.

Do I have to start my maternity leave early if I am off sick?

Pregnancy-related illness is defined as any illness or condition that is related to pregnancy and that requires the employee to be absent from work. Maternity leave begins automatically for employees who are off work due to pregnancy-related illness within four weeks of the baby’s due date, unless the employee and the employer have agreed upon a different start date. In order to prioritize the employee’s well-being, maternity pay should be provided in lieu of sick pay. It is of the utmost importance to extend understanding and consideration to employees who are experiencing physical or mental health challenges during the course of their pregnancy.

What if my employer refuses to pay holiday pay UK?

If you are unpaid for a leave year, you should contact your former employer and request payment within a two-week deadline. If they don’t pay, you can make a claim for unlawful deduction from wages with Acas early conciliation within three months. If you haven’t used all your holiday entitlement in a leave year, you must use it in the relevant leave year. However, exceptions may apply if you were on statutory leave, like maternity leave.

Can you go back on maternity leave after returning to work?

If you return to work early, you and your partner can take any unused maternity leave/pay as shared parental leave/pay if you need more time off. Shared parental leave must be taken within a year of the birth. If you return during or at the end of additional maternity leave (AML), you are entitled to return to the same job on the same terms and conditions as before your maternity leave. However, if your employer can show it is not reasonably practicable, you are entitled to be offered a suitable alternative job on similar terms and conditions.

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.

What happens if I don’t pay my holiday?

It is the position of the ABTA that companies are under no obligation to send reminders with respect to the payment of outstanding balances. This is on the basis that such reminders do not alter the terms of the contractual agreement between the parties in question, which pertains to the payment of the balance on the agreed 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 soon can you take a second maternity leave after?

Maternity leave in India is granted to women employees who have worked at their company for at least 80 days before their delivery or adoption date. Employees can take 26 weeks off for their first two children and 12 weeks for subsequent children, and must avail their leave within 6 months of their delivery date. Employees are eligible for standard employee benefits during maternity leave, including medical insurance, housing allowance, and other perks and allowances.

Employers pay for maternity leave, and the female employee must receive her full salary during her leave. The employer can also provide additional maternity benefits or leave days according to their employment contract or applicable laws.

Does unpaid leave affect holiday entitlement UK?

The Working Time Regulations 1998 states that a worker is entitled to 5. 6 weeks of holiday in each leave year, including unpaid leave. This means that an employee, who remains under a contract of employment while on unpaid leave, will continue to accrue their statutory holiday entitlement. If an employee does not have a regular or consistent income, payment for a week’s holiday under the WTR would be calculated by reference to what work was actually done. There hasn’t been a decisive case on this point, which may explain the conflicting views on this matter.

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.