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F: 086 510 6417 Forcing you to cut short your maternity leave in order to take annual leave certainly amounts to unfavourable treatment. A client came to me recently regarding an employee who was due to go on maternity leave. The law is not clear if your contract says you are entitled to more than 28 days (including bank holidays) and you should take advice if that applies to you. When should my employee tell me she is pregnant and wants to start her maternity leave? It’s up to you to agree with your employer: It still counts as a full KIT day even if you only work part of it (for example a half day). All employers can reclaim 92% SMP. Bear in mind that their average weekly earnings before they go on parental leave is likely to be higher than … The minimum annual leave is 20 days + 8 bank holidays, and any extra holiday provided for under your contract of employment. If your employee is on maternity leave and decides to return before that date, she must give you eight weeks’ notice see A pregnant employee is usually entitled to return to the same job after her maternity leave. If you work more than 10 KIT days, your maternity leave and pay automatically end by law. This can be added to the ML period and taken prior to coming back to work, or used to assist a phased return to work i.e. 11th, @WorkingMums“If you treat people with respect you will get it back,” says @MoodeyRichard, @Zurich. Join our email newsletter mailing list to stay up to date with campaigns, news and guidance. Can I ask my employee if she will be returning to work and when? However, with an annual leave year of January – December for someone who is starting their maternity leave in May and is intending to take the full 12 months off, the ideal situation is that they take all of their leave before they start their ML. As the employee continues to accrue annual leave, they will also accrue in the next annual leave year. The legal position is not clear and you should seek legal advice about your entitlement. What do you need to be an effective remote worker. Where can I learn more about Shared Parental Leave? Nowhere in the section does it state that the accrual of leave is delayed by or suspended during maternity leave. Recruiting a temporary replacement (maternity cover). You still build up your holiday entitlement as normal during maternity leave. Your employee is legally entitled to take their normal annual leave, whether the statutory minimum of 28 days including bank holidays (pro-rated if they are part-time) or contractual leave, during the period they are still at work. Yes, she can change the date she wants her maternity leave to start, but she must tell you 28 days before that date. Redundancy. For further guidance about Maternity Leave: What happens to annual leave and sick pay see: // E: Am I entitled to build up annual leave during my maternity leave? A client came to me recently regarding an employee who was due to go on maternity leave. The advantage for the employee is that they are on full pay for longer. It is arguable that Subsection 20(2)(b) provides for an alternative approach. Some employers let you accrue time off in lieu of bank holidays. You can ask her about when she wants to start her maternity leave, but she may not be able to give you a definite answer if she is only recently pregnant. Thanks for getting back to me, just one question, you say no because you would not ordinarily work on that day – true- , but you still get paid for that holidays, I read online if you’re taking your maternity leave in a continuous period, you aren’t entitled to additional pay for public holidays, However, if you are on unpaid maternity leave , you are entitled to paid public holiday during this period. What questions can I ask my employee about her pregnancy or maternity leave? Annual leave is not affected by other leave provided for by law. Coronavirus (COVID-19): latest advice for employers and employees. Can I appoint someone on a permanent contract to cover the maternity leave period? It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. You can read our article on calculating maternity pay to help you work out what kind of pay you can get while on maternity leave. However, there is no need for it to be complicated; the simple answer is to take the holidays accrued in the first holiday year before the maternity leave commences and those holidays accrued in the second holiday year at the end. Is my employee entitled to build up annual leave during their maternity leave? What annual leave is my employee entitled to when pregnant and still at work? At the end of your maternity leave, you may feel that you're not ready to go back … Section 20(2) provides further that an employee is entitled to 21 (calendar) days' leave per leave cycle. It is arguable that Subsection 20(2)(b) provides for an alternative approach. You cannot take maternity leave and holiday at the same time. Registration Number: 6189552 (England and Wales) You must calculate her entitlement to SMP. You cannot take holiday during maternity leave as this would end your maternity leave and pay. If she is not entitled to this you must give her form SMP1 so that she can claim maternity allowance. Your e-mail address will not be published. You can not remove a pregnant employee from her job unless she agrees. This applies if the new holiday year starts while you're on maternity leave. You must not put pressure on her to give you a definite date before she is legally required to do so. Managing pregnancy and maternity in the workplace, Pregnancy and maternity discrimination research findings, Our recommendations to tackle pregnancy and maternity discrimination, //, Pre-Pregnancy and Pregnancy employer toolkit, Maternity, paternity or Shared Parental Leave and pay employer toolkit, After Maternity or Adoption Leave employer toolkit, Adoption, Paternity or Shared Parental Leave for Adoptive parents and Pay employer toolkit. If allowed, this annual leave would be paid at their ordinary weekly pay or their average weekly earnings for the 12 months prior to taking the leave (section 22 of the Holidays Act 2003). If you have a question about your individual circumstances, call our helpline on 0300 123 1190. So yes, you do have to be paid for it. Similarly, so would losing the leave or being paid rather than being allowed to take the leave. Download our guide to redundancy rights when pregnant or on maternity leave (PDF, 299KB, 13 pages). Yes. Did you get the information you need from this page? This may give them additional annual leave to take at the end of their maternity leave instead. So, if your maternity leave starts in November and your holiday year starts the following April, you may be able to carry over any leftover annual leave. Annual Leave while on Maternity Leave. None of these seem fair to me. Refusal to allow an employee to take their annual leave they have built up during maternity leave may be pregnancy or maternity discrimination. You should discuss with your employer when this can be taken, that is before or after your maternity leave. The minimum annual leave is 20 days + 8 bank holidays, and any extra holiday provided for under your contract of employment. We cannot respond to questions sent through this form. The employee may also request that they take annual leave in advance of entitlement before they go on parental leave. The advantage for the employer is that no annual leave is carried forward. Temporarily rearranging your business so that her role is performed by existing members of staff. In most instances, if it works for your business, the employee leaves before the birth of their child (this can be any time up to 11 weeks before the Expected Date of Confinement) and takes the remaining annual leave for the year prior to starting their ML (up to 52 weeks). Yes, you can use the government online calculator at: Both statutory and contractual annual leave continue to accrue during maternity leave. Depending on the outcome of this, you may need to seek advice on how to progress it further in order to get the outcome that you are legally entitled to. However, such an approach is problematic. First of all, congratulations on the forthcoming addition to your family. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. Annual leave continues to accrue to the employee during a period of maternity leave, whether such period of maternity leave is paid … I disagree with that view. the week she expects to give birth (expected week of childbirth), and. Can I take paid annual leave while I am on maternity leave? I am planning to start maternity leave in March and understand why I cannot bring any leave forward from the next year’s leave entitlement to this year to take before I start maternity leave (as I haven’t accrued it yet). You are entitled to accumulate your holiday and take it outside your maternity leave period. Possible options are: Yes, but you must not do so with a view to the maternity cover taking over the pregnant employee’s responsibilities on a permanent basis. Most or all SMP you pay can be reclaimed from HM Revenue & Customs. If you treat her unfavourably or prevent her from returning to work, this would be pregnancy discrimination. All rights reserved. When to hold a performance review if this is due to be held during her maternity leave. If you work more than 10 KIT days, your maternity leave and pay automatically end by law. Brenda has been with DOHR for 7 years and her practical no-nonsense advice reassures our clients when dealing with their day to day HR issues.

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