Accrued leave from maternity year

[SaraSeranade]

Hi!

I went on mat leave last year as of 24/12/24. I am taking the full 52 weeks so my return date is 24/12/25. I would like to use my accrued leave from the year at the end of my maternity, so returning to work late January. The holiday year for my office is Jan to Jan and they don’t allow any holidays to be carried over and are saying I should use my accrued leave in December, therefore adjusting my return to work date to now basically.

Am I right in saying I should be able to use this all at the end of my leave ie. in Jan. Regardless of their policy? I did look on acas and it does say I have the right to use it at the end of my leave, and that I can’t be on two types of leave at the same time. But I’m not sure how that competes with a company policy not to carry over leave. Surely I shouldn’t be treated differently because my baby happened to be born at the end of the holiday year?

The way I understand it is that they have to allow you to carry it over if you cannot use it up at the end of the holiday year.

ACAS says:

You should usually take all your statutory holiday in the holiday year. But if you're not able to use it because you're on maternity leave for all or most of the year, your employer must allow you to carry it over

Look at the section “Carrying Over Holiday”

https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave

I'm a HR manager, what they are suggesting is illegal. Normally you would need to use your entitlement in the year (as per your internal policies). However sickness and maternity leave needs to be treated differently and trump's internal policy. I would send them the acas link above.

So yes this is nearly correct. They can't make you take your accrued leave when you are still on maternity leave. If you cannot use it in the normal year because your maternity leave extends to beyond the year end, they have to let you carry it over even if they would not normally do so for holiday leave.

However there is a subtle thing: accrued annual leave IS annual leave, whereas maternity leave is not. So you don't have the right to use it "at the end of (your) leave", you have the right to use it after the end of your leave. Normal annual leave rules therefore apply.

So, for example, say January is the busiest month for your company and after the 1st, no-one is allowed to take any annual leave until Feb.
If your mat leave was 1st March to 1st March, they couldn't say you can have 1st March - 2nd Jan then 1st Feb to 1st April instead of 1st March to 1st March.
However,
If your mat leave was 1st March to 1st Jan and then your accrued leave was 1st Jan to 1st March, they absolutely could say you can have 1st March - 2nd Jan then 1st Feb to 1st April , not taking you accrued annual leave at a time when no annual leave is allowed.

Thanks for all your replies! Very helpful. And I am I right in saying accrued leave entitlement should be as your normal yearly entitlement including bank holidays? Which for me for example is the standard 28 days.

Yes

so the want you to take 11 months mat leave then 4 weeks holiday = 12 months
The problem with digging your heels in taking 12 months then using rolled over A/l
whilst they have to roll it over the don’t have to give you A/L in January