Q&As

Does an employee on maternity leave accrue holiday in respect of (a) bank holidays that took place during their leave and (b) compulsory holiday days on which the office is shut over the Christmas period that took place during their leave?

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Published on LexisPSL on 20/03/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Does an employee on maternity leave accrue holiday in respect of (a) bank holidays that took place during their leave and (b) compulsory holiday days on which the office is shut over the Christmas period that took place during their leave?

Does an employee on maternity leave accrue holiday in respect of (a) bank holidays that took place during their leave and (b) compulsory holiday days on which the office is shut over the Christmas period that took place during their leave?

An employee who takes ordinary or additional maternity leave is entitled to the benefit of all the terms and conditions of employment that would have applied had she not been absent, except ‘terms and conditions about remuneration’.

Employees will therefore continue to accrue statutory and contractual holiday entitlement during ordinary maternity leave (OML) and additional maternity leave (AML).

See the sections of Practice Note: Maternity leave headed:

  1. Rights during ordinary and additional maternity leave, and

  2. Holiday entitlement during maternity leave

There is no statutory right to take public holidays as paid annual leave: the right to take leave on such days is governed by the express or implied terms of the worker's contract (and any variation that may be agreed to that contract).

See Practice Note: Holiday—Whether there is a right to take a bank or public holiday as paid leave.

In Merino Gómez v Continental, the ECJ held that the purpose of the entitlement under Article 7(1) of what is now Directive 2003/88/EC, the Working Time Directive (WTD) to paid annual leave is different from that of the entitlement to maternity leave. Maternity leave is intended:

  1. to protect

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