Q&As

If an employee’s maternity leave straddles two holiday years, is the employee able to carry over her unused statutory and contractual holiday entitlement from the first holiday year to the following holiday year?

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Published on LexisPSL on 23/12/2019

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

  • If an employee’s maternity leave straddles two holiday years, is the employee able to carry over her unused statutory and contractual holiday entitlement from the first holiday year to the following holiday year?

For information on maternity leave generally, see Practice Note: Maternity leave.

The interaction between holiday and maternity leave and other types of family leave is complex. As maternity leave can only be taken by a woman, issues of sex discrimination have influenced the approach taken by the European Court of Justice (ECJ) in relation to rights to holiday entitlement. Other types of family leave are, of course, available to those eligible of both sexes, and so sex discrimination is less relevant.

All contractual terms (except those relating to remuneration) subsist during both ordinary maternity leave and additional maternity leave (sections 71(5) and 73(5) of the Employment Rights Act 1996, Maternity and Parental Leave etc Regulations 1999, (MAPLE 1999), SI 1999/3312, reg 9(1)–(2)). See Practice Note: Maternity leave—Rights during ordinary and additional maternity leave. Women therefore accrue statutory and contractual leave in the norm

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