please see below official guidance on terms and conditions including annual leave accrual during parental leave - not quite accurate to say you don't get annual leave.
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2.5 Terms and conditions during parental leave
Some terms and conditions of employment continue to apply during periods of parental leave. These are set out below.
An employee is entitled to benefit from his or her employer?s implied obligation to him or her of trust and confidence during parental leave, and any contractual terms and conditions relating to:
notice periods;
any compensation if the employee is made redundant;
the business' disciplinary or grievance procedures.
The employee is bound by his or her implied obligation of good faith during parental leave and by any contractual terms and conditions relating to:
notice periods;
disclosure of confidential information;
acceptance of gifts, or other benefits;
the employee working for someone else.
The employment contract continues during an absence on parental leave, unless it is terminated by the employer or employee. This means that an employee continues to benefit from his or her statutory employment rights during parental leave.
The continuation of other terms and conditions during parental leave, such as access to a company car or mobile phone, and perks such as health club membership, remains a contractual matter between the employer and employee.
FREQUENTLY ASKED QUESTIONS
Is parental leave paid?
The right does not include a statutory right to pay, so whether or not the employee will be paid is left to the employer?s discretion, or to the contract of employment between them.
Is an employee entitled to receive any bonuses which may fall during parental leave?
Payments of bonuses during parental leave can be a complicated area, where independent legal advice should be sought. Whether a bonus is payable to an employee on parental leave depends on the type of bonus and the terms of the particular bonus scheme.
Generally, however, an employee will be entitled to the bonus if it relates to performance or work already done prior to his or her parental leave. An employee is unlikely to be entitled to the bonus if it is a reward for future work or performance, during a period in which the employee would be absent on parental leave.
In drawing up the terms and conditions of any bonus scheme, employers should take particular care not to indirectly discriminate on grounds of sex against those employees taking parental leave.
Further information about sex discrimination can be found in the booklet Sex Discrimination: a guide to the Sex Discrimination Act 1975 (PL 955).[4]
Can holiday accrue during periods of parental leave?
A period of absence on parental leave does not affect entitlement to paid annual leave under the Working Time Regulations. The booklet A Guide to the Working Time Regulations[5] provides more information on the entitlement to statutory holiday leave.
The accrual of additional contractual holiday entitlement during parental leave is a matter for agreement between the parties concerned (or their representatives).
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