Maternity Leave and Holiday Pay: Everything You Need to Know About Your Time Off

Hello everyone, I am your dedicated public holiday assistant. Recently, a little friend consulted me about the title of how does holiday entitlement work when on maternity leave. Now I will summarize the relevant problems, hoping to help the little friends who want to know.

Let’s face it – juggling maternity leave and holiday entitlement can be confusing as heck. You’re already dealing with a newborn, sleep deprivation, and a whole new identity, and then HR throws at you some legal jargon about “accrued statutory leave” and “carry-over rights.” Take a breath. I’m here to break it down in plain English, no lawyer speak. Whether you’re in the UK, the US (where it’s called FMLA and PTO), or anywhere else that follows similar rules, the basic principle is the same: your holiday entitlement doesn’t just vanish because you’re on maternity leave. You’re still an employee, and you still earn your paid time off – even if you’re not physically at work.

First off, let’s get the big picture. Under most national labor laws (like the UK’s Working Time Regulations or the US Family and Medical Leave Act), maternity leave is considered a period of “statutory leave.” That means your employment contract continues, and so does your right to accrue annual leave – also called vacation days, holiday pay, or PTO. So yes, while you’re off caring for your little one, you’re still building up those days. You don’t lose them. But here’s the tricky part: you can’t necessarily take all your holiday at once during maternity leave, unless your employer agrees. Most companies separate the two – you take your maternity leave first (paid or unpaid, depending on your situation), and then you take your holiday afterwards. Or you might be allowed to tack some holiday onto the end of your maternity leave to extend your time off. That’s common and totally legal.

Now, what about the actual number of days? Well, that depends on your contract and your country’s minimum requirements. In the UK, for example, full-time workers get 28 days of statutory annual leave (including bank holidays). Even if you’re on maternity leave for 52 weeks, you still earn that 28 days. The same goes for part-timers – they earn a pro-rated amount. In the US, there’s no federal paid leave, but if your company offers PTO or vacation, you’ll accrue that during FMLA (unpaid) leave. Some states like California have paid family leave, but holiday accrual still applies. The bottom line: check your employee handbook or contract. It will spell out exactly how many days you earn per month or per pay period.

One big question I get all the time: “Can I carry over unused holiday from before my maternity leave into the next year?” The answer is usually yes – and legally, employers have to let you carry over any holiday you couldn’t take because you were off on maternity leave. In the UK, the law says you can carry over up to 5.6 weeks of untaken holiday into the next leave year. In the US, it’s more company-specific, but if your employer denies carry-over, they might have to pay you for those unused days when you leave. So keep records. And if you’re planning to return to work after maternity leave, you might want to schedule your holiday time after you’re back, to ease the transition. Many new moms use their accrued holiday to take Fridays off or shorten their first weeks back.

Another common scenario: bank holidays. In the UK, bank holidays are included in your statutory 28 days. But if you’re on maternity leave when a bank holiday rolls around, you still get that day as holiday – you just have to take it at another time. Your employer can’t say “tough luck, you were off anyway.” They have to either let you take it later or pay you in lieu. In the US, federal holidays like Thanksgiving or Christmas are separate from PTO, but if you’re on FMLA, you don’t automatically get those days off – you’d need to use your own vacation or unpaid leave if you want them. So it’s different, but the core idea is the same: your holiday rights continue through maternity leave.

Finally, a word of advice: don’t wait until the last minute to sort this out. Talk to your HR department early in your pregnancy, ideally before your maternity leave starts. Ask for a written breakdown of your holiday entitlement during leave, including how many days you’ll accrue and whether you can use them before, during, or after your maternity leave. And if you’re planning to return part-time after baby arrives, remember your holiday will be pro-rated accordingly. It’s also worth knowing that if you resign during or after maternity leave, your employer must pay out any unused accrued holiday.

Questions related to how does holiday entitlement work when on maternity leave

One of the most frequent questions is: “Can I take holiday during my maternity leave?” Technically, yes – but practically, it’s not always the best move. If you take a holiday (like a week off) while on maternity leave, you’re essentially swapping one type of leave for another. Most employers will let you do this, but you have to formally request it in advance. However, most moms prefer to save their holiday for when they return to work, to have extra time to settle back in or to reduce their working hours gradually. Another biggie: “What happens if my maternity leave spans two holiday years?” Then you get separate entitlements for each year. For example, if you start maternity leave in November 2024 and return in July 2025, you’ll accrue holiday for both the 2024–2025 leave year and the 2025–2026 leave year. Your employer has to allow you to take or carry over any unused days from the first year so they don’t expire. And if you’re on unpaid maternity leave for part of the time, you still accrue holiday – unless your contract says otherwise (but even then, statutory rights override most contracts). So don’t let anyone tell you that you “lose” days because you weren’t at work. You don’t.

To wrap it up: holiday entitlement during maternity leave is protected by law in most developed countries. You earn your vacation days the whole time you’re off, and you can usually carry over any you can’t take. The exact numbers and rules depend on your employer and your country, but the takeaway is simple: don’t let your holiday go to waste. Plan ahead, ask questions, and use those days to make your transition to parenthood a little smoother – whether that means a longer break at the end of maternity leave or a gentler return to work. You’ve earned them.

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