When navigating the complex landscape of maternity leave, one area that often causes confusion is holiday entitlement.
For many UK employees, particularly women planning for or currently on maternity leave, understanding how their annual leave is affected is essential.
This guide aims to explain in detail your legal rights to holiday entitlement during maternity leave, helping both employers and employees ensure compliance with employment law while promoting a fair and transparent working relationship.
What Is the Law on Holiday Entitlement During Maternity Leave in the UK?
Under UK law, employees continue to build up, or accrue, their statutory annual leave while on maternity leave. This right is protected by legislation, most notably the Employment Rights Act 1996 and the Working Time Regulations 1998.
Every worker in the UK is entitled to 5.6 weeks of statutory annual leave per year. This includes the standard 28 days for a full-time employee, which may incorporate bank holidays, depending on the employment contract.
Crucially, this entitlement does not pause during maternity leave, it continues to accrue as if the employee were actively working.
In addition, many employment contracts offer enhanced or contractual holiday entitlements. These additional benefits, while not required by law, are still legally protected and should also accrue during maternity leave unless the contract states otherwise.
Do Employees Accrue Holiday While on Maternity Leave?
Yes, employees continue to accrue their statutory paid annual leave throughout both Ordinary Maternity Leave (first 26 weeks) and Additional Maternity Leave (last 26 weeks), totalling up to 52 weeks of leave.
This includes entitlement to bank holidays if they are typically included in the employee’s paid holiday allowance.
Statutory vs Contractual Entitlement
Statutory holiday entitlement must accrue in full, regardless of whether the employee is receiving Statutory Maternity Pay (SMP), Maternity Allowance, or no pay at all during maternity leave. Employers cannot reduce or suspend this entitlement.
For contractual holiday entitlement (above the legal minimum), the employer may impose conditions based on the contract terms.
However, in most cases, this leave will also accrue unless explicitly excluded in writing, a practice that is becoming increasingly rare due to equality considerations.
Inclusion of Bank Holidays
If an employee’s contract specifies that bank holidays are part of their holiday entitlement, they must accrue during maternity leave.
Real-Time Example: Using Holiday Before and After Maternity Leave
Case Study: Isla’s Maternity Leave and Holiday Entitlement
Isla is a full-time marketing coordinator at a UK-based media agency. Her contract entitles her to:
- 25 days of annual leave
- Plus 8 bank holidays
- Total: 33 days of paid holiday per year
Isla begins her maternity leave in March 2024 and plans to take a full 12 months (52 weeks). While on maternity leave, she receives Statutory Maternity Pay for 39 weeks and unpaid leave for the remaining 13 weeks.
Because she is considered an employee throughout her maternity leave, she continues to accrue all 33 days of her annual leave, including the 8 bank holidays.
When Isla returns to work in March 2025, her HR department confirms she has a full 33 days of accrued holiday, which she can take before the end of her 2024/25 leave year or carry over in accordance with company policy.
This example highlights that maternity leave has no negative impact on holiday accrual, and employees are entitled to reclaim that time once they return to work.
Can Holiday Be Taken During Maternity Leave?
The simple legal position is: no, you cannot take holiday while on maternity leave. An employee cannot be on two forms of leave simultaneously. This means holiday leave and maternity leave must be taken separately.
However, employers and employees can agree to take accrued annual leave either before maternity leave begins or after it ends. Planning this well in advance is crucial to avoid disputes and to ensure compliance with employment regulations.
Why Timing Matters?
Effective planning of annual leave is important not just for maintaining work-life balance, but also for avoiding the loss of accrued days.
Unused holiday leave that cannot be taken within the current leave year due to maternity may need to be carried over, subject to employer policies and legal frameworks.
When Is the Best Time to Take Accrued Holiday?
There is no universal rule for the “best” time to take annual leave in relation to maternity, but several practical options are commonly used by employees and supported by employers.
Taking Holiday Before Maternity Leave Begins
Many choose to use up a portion, or all, of their accrued annual leave just before starting maternity leave. This can be particularly useful if you’re beginning leave early and want to maximise paid time off.
Using Holiday After Returning to Work
Another common practice is to tag accrued leave onto the end of maternity leave. This allows employees to extend their time away from work while receiving full pay during the holiday period.
Splitting Holiday Before and After Leave
Some employees choose to split their holiday, taking a portion before and the rest after maternity leave. This approach helps manage workloads and provides flexibility, particularly for phased returns to work.
Example Table: Holiday Planning Options
| Holiday Timing Option | Pros | Considerations |
| All holidays before maternity leave | Ensures full use of holiday within the leave year | Reduces the paid leave available after returning |
| All holidays after maternity leave | Extended break with holiday pay post-maternity | May impact team planning or leave year cutoff |
| Split holiday (before & after) | Balanced approach, flexible for both parties | Requires clear communication and planning |
Real-Time Example: Using Holiday Before and After Maternity Leave:
Sarah’s Story – A Smart Holiday Plan
Sarah is a senior administrator at a law firm in Manchester. She receives:
- 28 days of statutory annual leave (5.6 weeks)
- 2 extra company-wide days off
- Total: 30 days of holiday each year
Her baby is due on 15th August 2025, and she plans to start her maternity leave on 1st August.
By July 2025, Sarah still has 15 days of unused holiday. She speaks with HR and agrees on the following plan:
- 10 days of annual leave from 14th July to 30th July (before maternity leave)
- 5 days to be taken in April 2026 (after returning to work)
This plan gives her time to rest before the baby arrives and helps her ease back into work later.
By planning early and working with her employer, Sarah makes full use of her holiday and supports a smoother return after maternity leave.
Are Employees Allowed to Carry Over Unused Holiday After Maternity Leave?
In some circumstances, employees can carry over unused holiday into the next leave year. This is especially relevant when maternity leave spans across two annual leave years, making it difficult to use all accrued holiday within the current year.
Statutory Carry-Over Rights
By law, if an employee is unable to take their statutory leave due to maternity leave, the employer must allow the employee to carry it over. This carried leave should be taken as soon as is reasonably practicable upon returning to work.
Contractual Leave and Payment in Lieu
If an employment contract provides more than the statutory entitlement, employers may offer additional flexibility, such as:
- Carrying over extra days
- Payment in lieu of unused contractual days (not statutory)
These arrangements should be clearly outlined in the employee’s contract or agreed in writing with the employer.
How Should Employers and Employees Plan Holiday Around Maternity Leave?
Proper planning of holiday during maternity leave is essential to avoid legal missteps and maintain operational efficiency. Early and open communication between the employer and employee is key.
Documenting Holiday Agreements
Agreements regarding when accrued holiday will be taken, whether before or after maternity leave, should ideally be made in writing. This helps prevent misunderstandings and serves as a record for both parties.
Employers should also account for how maternity-related leave and holiday planning will impact team workloads and staff availability.
What Happens if an Employer Refuses Holiday Entitlement After Maternity Leave?
If an employer unreasonably refuses to allow an employee to take accrued holiday after returning from maternity leave, this may constitute maternity discrimination, especially if the refusal is connected to the employee’s pregnancy or maternity status.
Dispute Resolution and Legal Protections
Employees should first attempt to resolve such issues internally through HR channels or informal discussions. If this fails, they may:
- File a formal grievance
- Contact ACAS for early conciliation
- Lodge a claim with an Employment Tribunal
Employers have a legal duty to uphold the holiday rights of employees on maternity leave. Failure to do so not only undermines employee trust but also carries legal risks.
How Does Holiday Entitlement Impact Redundancy, Bonuses and Pension During Maternity Leave?
Holiday entitlement during maternity leave interacts with several other employment rights and benefits, making it essential for both employers and employees to understand the bigger picture.
Redundancy and Holiday Rights
If an employee is made redundant during maternity leave, they are still entitled to any accrued holiday pay. Additionally, employees on maternity leave have the right to be offered a suitable alternative job without the need to apply, as part of enhanced protections under UK law.
Bonuses and Holiday Accrual
Eligibility for performance-related or contractual bonuses should not be negatively affected by maternity leave. If bonuses are based on attendance or length of service, they must be calculated fairly, taking into account the maternity period as if the employee were present.
Pension Contributions
Employees continue to accrue pension benefits during paid maternity leave. Employer contributions must continue for at least the first 26 weeks (Ordinary Maternity Leave), and often beyond if the employee is still receiving Statutory Maternity Pay or contractual maternity pay.
Conclusion
Understanding holiday entitlement during maternity leave is essential for protecting employee rights and ensuring compliance with UK employment law.
Maternity leave does not diminish the right to accrue or take annual leave, and with proper planning, employees can enjoy the full extent of their entitlements without disruption.
Employers are encouraged to proactively support their staff by discussing holiday options early and documenting agreed plans. Employees, on the other hand, should feel empowered to ask questions and seek advice when needed, especially from trusted sources.
Taking the time to get it right benefits everyone involved, promoting fairness, reducing the risk of disputes, and ensuring a smooth transition back to work.
Frequently Asked Questions
How is annual leave calculated if you work part-time or irregular hours during pregnancy?
Holiday accrual for part-time or irregular-hour employees is calculated proportionally based on hours worked. Since maternity leave is treated as if the employee is still working, the usual accrual method continues.
Does maternity leave affect the number of bank holidays you’re entitled to?
If bank holidays are included in your annual leave entitlement, they continue to accrue during maternity leave. You should not lose these days simply because you’re off on maternity leave.
What is the difference between Statutory Maternity Leave and Shared Parental Leave in terms of holiday?
Both types of leave allow for the accrual of annual holiday, but Shared Parental Leave can be more flexible in terms of splitting time between parents. However, the holiday accrual principles remain the same.
Can enhanced or contractual holiday entitlements be paid out instead of taken?
This depends on your employment contract. While statutory leave cannot be paid in lieu unless the employment ends, some employers allow payment for extra days if agreed in writing.
What is the process if maternity leave spans across two leave years?
Employees can carry over accrued statutory leave into the next leave year if they were unable to take it due to maternity leave. It’s advisable to plan with your employer in advance.
Are you entitled to holiday accrual during unpaid maternity leave?
Yes, even during unpaid maternity leave (usually the last 13 weeks of Additional Maternity Leave), statutory holiday continues to accrue as if the employee were working.
Can keeping in touch days be used for annual leave?
No. Keeping in touch (KIT) days are separate from holiday entitlement and cannot be used as paid annual leave. However, they can be useful for reintegration and training without affecting maternity pay.
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