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Maternity leave and using accrued holiday

Beth

Hi everyone,

I wonder if anyone can help. I have an employee who is currently on maternity leave in her 'additional maternity leave' period. She would like to use her accrued holiday now. At my company, our policy states that holiday entitlement accrued during maternity leave must be used before the employee is due back. It cannot be used to extend the maternity leave but can be used to shorten it by using at the end of maternity leave i.e. the last 13 weeks.

My query is the employee permitted by law to take her holiday now at roughly the 27-31 week mark, and what implication would that have for her SMP? 

Thanks

Beth

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  • Hi Beth

    Are you asking what happens if the employee takes the holiday now? If so, then the answer is that once her holiday starts her maternity leave ends. She will not be able to transition back onto unpaid maternity leave after the holiday and will have to return to work. Neither will you be able to pay her any more SMP.
  • in reply to Elizabeth Divver
    I must admit that I'd interpreted it the same way - that the employee was wanting to take some paid holiday in the middle of her maternity leave and then continue the maternity leave.

    I think the policy saying that it has to be taken before the employee returns is fine as that means they can either take it at the end of the 52 weeks, or end their maternity leave before that point but still remain off on annual leave.

    As you say, once someone takes paid annual leave, their maternity leave ends and they cannot go back on it. If that is what the policy means when it says that it cannot be used to extend maternity leave, it is correct.
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  • in reply to Elizabeth Divver
    I must admit that I'd interpreted it the same way - that the employee was wanting to take some paid holiday in the middle of her maternity leave and then continue the maternity leave.

    I think the policy saying that it has to be taken before the employee returns is fine as that means they can either take it at the end of the 52 weeks, or end their maternity leave before that point but still remain off on annual leave.

    As you say, once someone takes paid annual leave, their maternity leave ends and they cannot go back on it. If that is what the policy means when it says that it cannot be used to extend maternity leave, it is correct.
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