Does holiday entitlement continue to accrue during maternity leave?

Yes. In the UK, employees continue to build up their normal statutory and contractual holiday entitlement while they are on maternity leave, including during periods of unpaid maternity leave.

This means an employee’s holiday entitlement should not be reduced simply because they are on maternity leave. For holiday accrual purposes, maternity leave should be treated as a period of continuing employment.

For example, if an employee normally receives 28 days’ holiday per year and takes a full year of maternity leave, they would continue to accrue their holiday entitlement during that period in the normal way.

Can annual leave be taken during maternity leave?

No. Annual leave cannot normally be taken at the same time as maternity leave.

This means any holiday accrued during maternity leave would usually need to be taken:

• Before maternity leave starts

• After maternity leave ends

• Carried over into the next leave year where the employee was unable to take it because of maternity leave

What if the employee works part-time?

If the employee works part-time, their normal pro-rata holiday entitlement continues to accrue based on their contracted working pattern.

For example, an employee who normally works 3 days per week would continue to accrue holiday based on that 3-day working pattern while on maternity leave. If their full-time equivalent entitlement is 28 days, this would be 16.8 days per year (28 × 3/5).

Should holiday entitlement be reduced because of maternity leave?

No. You should not normally reduce an employee’s annual holiday entitlement because they are on maternity leave.

For holiday accrual purposes, maternity leave should be treated as a period of continuing employment.

Example

• An employee works 5 days per week and receives 28 days’ holiday per year.

• If they take maternity leave for the full holiday year, they would still accrue their full 28 days’ holiday.

• That holiday would then normally be taken before or after their maternity leave, rather than during it.

Important

This article is intended as general guidance only and should not be treated as legal advice. Individual circumstances can vary depending on employment contracts, working patterns and company policies.

If you are unsure how the rules apply in a particular case, you should take appropriate HR or legal advice before making any changes to an employee’s holiday entitlement.

For further information, see the GOV.UK guidance on holiday entitlement and maternity leave.