FAQ's - Maternity Leave and Annual Leave
Can an employee accrue holidays whilst on ordinary maternity leave?
Holiday leave continues to accrue under ordinary maternity leave. Section 71 of the Employment Rights Act 1996 and Regulation 9 of the Maternity and Parental Leave etc Regulations 1999 provide that an employee is entitled to the benefit of her normal terms and conditions of employment with the exception of remuneration.
If the holiday leave year ends whilst on ordinary maternity leave, does she lose any untaken holidays?
Yes, the employee will lose this. However, there has not been any case law on this subject and it may be that this issue could be subject to a possible sex discrimination claim under the Sex Discrimination Act 1975.
Can an employee take annual leave during her ordinary maternity leave?
No, an employee cannot take annual leave during her ordinary maternity leave.
Can holidays be added onto maternity leave?
So long as the employer consents, there is no reason why an employee cannot take annual leave immediately before or after maternity leave.
Is an employee entitled to her contractual annual leave whilst on additional maternity leave?
Under the Working Time Regulations 1998, an employee is entitled to four weeks paid annual leave. An employee will only be entitled to accrue any contractual annual leave which she is normally entitled to if she agreed this with her employer. It is open to an employer to provide in the employment contract that, during periods of additional maternity leave, holiday over and above the statutory entitlement will not accrue.
If the holiday leave year ends whilst on additional maternity leave, does she lose any untaken holidays?
The entitlement to leave under the Working Time Regulations 1998 must be used during the leave year in which the leave has been awarded and cannot be carried over into a new leave year.
Contact
Judith Ellery Head of Employment
Angelina Rigby Partner
Bethan Southcombe Solicitor
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This article summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published. This document is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.