Q&As

Will an employee on maternity leave who has decided to reduce her hours following a redundancy consultation accrue holiday entitlement on her original hours until she returns to work?

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Published on LexisPSL on 01/09/2016

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

  • Will an employee on maternity leave who has decided to reduce her hours following a redundancy consultation accrue holiday entitlement on her original hours until she returns to work?
  • Accrual of holiday entitlement generally
  • Accrual of holiday entitlement during maternity leave
  • Impact of change of hours on accrual of holiday pay
  • Other issues
  • Worker should not lose holiday entitlement as a result of going on maternity leave
  • Redundancy during maternity leave
  • Contractual changes during maternity leave

Accrual of holiday entitlement generally

A worker is entitled under the Working Time Regulations 1998, SI 1998/1833 (WTR) to a total of 5.6 weeks' paid annual leave each 'leave year', made up of:

  1. a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Directive

  2. an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only (see Practice Note: Additional annual leave)

Statutory entitlement is not in addition to any contractual holiday entitlement: one is set off against the other.

Statutory paid holiday entitlement is limited to 28 days. Therefore, a worker working six days per week is not entitled to 33.6 days' leave (5.6 x 6), but instead only to 28 days' leave.

Accrual of holiday entitlement during maternity leave

All contractual terms (except those relating to remuneration) subsist during both ordinary maternity leave and additional maternity leave, see Practice Note: Maternity leave—Holiday entitlement during maternity leave.

Women therefore accrue statutory and contractual leave in the normal way during maternity leave.

Impact of change of hours on accrual of holiday pay

If a worker’s contractual hours are

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