Accruing annual leave whilst on maternity leave

[Hummingbird15]

I've tried googling this, but just want to check I've understood correctly, whilst you're on maternity leave, supposing you took a year off, do you accrue a full year's worth of annual leave?

My annual leave year is 1 Jan - 31 Dec, and I get 32 days per year. If I take mat leave from 1 December this year, and take a full year, does that mean I could then use all my 2016 annual leave to take the December off as well once my maternity leave finished and get paid in full for the month?

Seems a bit too good to be true...

Yep, it's true! You're still an employee so you get all the same perks. I took mine off up front at the start of my mat leave, as I felt so rough I just wanted to finish, but whether you take it at the beginning or end you are owed it

And bank holidays too.

I wouldn't be able to take it at the start as I wouldn't be into my next leave year yet, but this does mean I could consider taking my maternity leave a bit earlier than I had thought we could afford to... working out from the end of 2016 backwards, my 32 days annual leave next year would mean I could start 'annual leave' rather than mat leave on 14 Nov 2016 and be paid until the end of the year, which means I could start my maternity leave at 36 weeks in mid November this year - that's nice news for today!

Yep. You accrue it all. I was planning to do 2 weeks on/1 week off when I went back to work but meant I had an extra seven weeks pay when I was made redundant. I remember one of my ex colleagues rolling his eyes in disgust when I mentioned it but I just said it was my statutory right and whispered so fuck off under my breath

Hi, just jumping on this thread sorry. Does this mean you are still paid for bank holidays through mat leave? So if you were on the statutory £139 a week in May, you would be paid more because of the bank holidays? Thanks

You might not have it all. Whilst on paid maternity leave you accrue at the normal rate but it might not accrue just as much whilst you are on the unpaid part - it won't be off by a lot but I wd check anyway.

Re. Bank holidays they get added on to your annual leave so you can take them (and get paid for them) when you take accrued leave prior to going back to work. Or use them as leave in the usual way once back.

Oh really? So if I get 24 days holiday, I can also add bank holiday dates to that and take them when I want to?

Yes, don't forget about bank holidays (and any days your place of work is closed for work in addition - e.g. I work at a place that has about an additional 4 or 5 'closure days' each year, so I accrue those too). I didn't realise this first time around and no one pointed it out to me (to be fair, we keep track of our own holiday days, rather than it being done centrally by HR or a line manager), so I probably missed out on about 10+ days of leave/ pay

The NHS policy has just changed recently and I think you have to use up all annual leave before going off or you lose it. As far as I know though you'll have your accrued annual leave from the following year when you go back. I need to speak to HR about it soon.

usually you only have to use up annual leave before mat leave if you're mat leave starts and ends in two different annual leave years (iyswim)? E.g. our leave year is Aug-July. So if going on mat leave in Sept for a year you'd need to use up all your leave for the current year before starting (bar the 5 days you're allowed to carry over). You'd then be able to use your next year's annual leave entitlement at the end of your leave (and then would obviously have no annual leave left until the start of the next cycle).

I get more than the statutory minimum holiday normally but will only accrue the minimum during maternity leave. Worth checking.

Not very good at posting links but worth reading the 'Rights during maternity leave' section of the following page. Includes info on carrying over annual leave if you can't take it all before you start mat leave:

www.maternityaction.org.uk/wp/advice-2/mums-dads-scenarios/pregnant/discrimination-during-maternity-leave-and-on-return-to-work/

You do get paid it/accrue it but whether you could use it all in one go at the end of your maternity leave isn't certain. I don't think they'd be too happy if I asked to do that here!

Having to use up accrued leave is entirely up to your company and managers. We are "encouraged" to, but as my department is seriously understaffed and they have not recruited my maternity cover yet, they've agreed that for business reasons I should carry it over and use it at the end. Basically because if I go any earlier shit will fall apart!
Leave is always accrued at the normal rate while you're on maternity leave, though.

Yes, you accrue any annual leave, bank holidays or closure days the same as any other employee.
Check your employers policy before you go though. Mine had a 'use it or lose it' policy. I was going to use my annual leave before maternity leave but had a preemie so lost it. I did manage to get it back, mainly because I stayed on later than I would've liked as they hadn't hired any cover. It was added stress I didn't need though and I nearly lost a month's pay

My AL runs from 1st April. So far this year i haven't taken any. I get 27 days and will add another 9days bank holiday/Christmas. I can take this 36 days whenever i like! I will be returning to work in April 2015 so will have 36 carried over plus a new 27 days AL for that year.

I plan to take the 36 days at 2 days per week for 18 weeks which will surely annoy everyone else

This is exactly the situation I was in last year, almost down to the exact dates. My workplace were happy for me to use up my remaining AL for 2014 at the start of my mat leave, and then my accrued 30 days of 2015 AL + 8 BH at the end of my maternity leave, meaning that I finished on 17 November 2014 and am not due back until 4 Jan 2016.

There is the added bonus that after 3 months of zero pay I will get the equivalent more or less of a full months salary in time for Christmas!

It's all up to the employers if you get more than the statutory minimum. The law is clear on the statutory minimum but not beyond that. I work in academia and get 35 days annual leave plus 8 bank holidays. Also last yer there were 5 days discretionary days between Christmas and new year. But my employer has refused to give me the bank hols and te discretionary days back in lieu! So essentially I will be working 13 more days than my colleagues due to being on maternity leave and thus in my view it's discrimination. So make sure you get things very clear.