No. An employee cannot take maternity leave and holiday at the same time. If an employee wants to take paid holiday she needs to bring her maternity leave to an end
Yes. It is good practice to discuss with your employee when the annual leave should be taken. The minimum annual leave is 28 days including bank holidays (pro-rated if they are part-time), and any extra holiday provided for under the contract of employment. The accrued annual leave could be taken before or after the maternity leave.
An employee must be allowed to carry over any unused part of her statutory leave entitlement of 28 days (including bank holidays). The law is not clear if the employee’s contract says that she is entitled to more than 28 days (including bank holidays) and you should take advice if that applies to your employee.
Can an employee take the annual leave they accrued while on maternity leave a day or two a week upon their return to work?
Yes, if you agree. Most contracts require that the employer must agree the period of holiday. If your employee working shorter weeks does not fit the needs of your business you could refuse. However, it may help an employee to settle back into work if this can be accommodated.
For further guidance about Maternity Leave: What happens to holiday leave and sick pay see: //www.acas.org.uk/index.aspx?articleid=4289
Last updated: 13 May 2016