However, the employee might become entitled annual leave during this period (because they are on parental leave when their anniversary date arises). The Act states that the provisions for annual leave do not apply to an employee who works less than 24 hours per month for an employer, and also these provisions do not apply to leave granted to an employee in excess of the entitlement allowed in terms of the BCEA. This can be either before or after the maternity leave period. It’s unfair dismissal and maternity discrimination if your employer says you can’t return to the same job. Therefore the annual leave continues to accrue during the period of maternity leave. Employees can take any holiday that may be accrued up in the first six months of their maternity leave prior to starting their maternity leave. The employee's ordinary weekly pay as at the beginning of the annual leave (the amount of the pay the employee receives under his/hers employment agreement for an ordinary working week). Pregnant person taking parental leave We’d love to know what worked so we can keep improving our help. Hannah discovers she is pregnant and informs her employer, she is due to have her baby on the 14 October 2018 and this is when she wants her maternity leave to start. Fact Sheet: Annual Leave (General Information) Annual Leave Entitlement. Annual leave is not affected by other leave provided for by law. In order to avoid any problems at a later stage, once you have told your employer that you are pregnant, it would be good practice for you to ask them to work out how much holiday you have left for the current holiday year and discuss how much you want to take before you go on maternity leave. As she has been unable to take her remaining leave for 2018, this will be carried over to the next leave year. Here we accrue AL but it's subject to normal carry forward limits of 5 days between leave years - that means that I will need to take 2008/2009 AL over 5 days before going on maternity leave (baby due end of Jan). Your employer can refuse annual leave where it coincides with a busy time of year or a lot of other employees are taking leave at the same time but they should not refuse to allow you to take annual leave because you are going to take maternity leave or you have been absent on maternity leave, as that may be maternity discrimination. This includes accrual of contractual holiday above the statutory minimum. ⁠ 31 This can allow employees to take up to seven months of maternity leave per pregnancy, depending on the duration of her pregnancy-related … You also may not work for six weeks after the birth of your child unless declared fit to do so by a doctor or midwife. One parent taking parental leave. If you decide you want to leave your job during or after maternity leave, you follow the usual process for resigning from a job, including the same notice period. You must take at least 2 weeks’ maternity leave before your baby is due, and at least 4 weeks after the baby is born. In New Zealand, employees still accrue annual holidays whilst on parental leave. Your annual leave entitlement is based on your current contract of employment. The legislation laws covering this leave are the Maternity Protection Acts 1994 and 2004. By law your employer is not obliged to give you paid maternity leave, but you are entitled to four consecutive months of maternity leave. As long as you give the correct notice to your employer, you can take the full period of maternity leave. Under the Holidays Act 2003 all employees are entitled to annual holidays either on the anniversary of their employment commencement date, or on the date of the beginning of their employer's customary seasonal closedown. Annual leave can be taken at any time (outside of the maternity leave period), including directly before or after your maternity leave period. For example, if you are on maternity leave, you cannot take annual leave at the same time: you must take it before or after your maternity leave. Pregnant person taking parental leave If the pregnant employee takes unpaid parental leave, it … Maggie is about to take 12 months unpaid parental leave. Check the employment contract if you're not sure. If it is not possible or convenient for her to take her holidays prior to her going on maternity leave, then she must also have the opportunity to carry holidays over to the next holiday year, if that is the only way she can take it. Annual leave is not affected by other leave provided for by law. Therefore, when she returns (on or around 1 October 2019) she will have 8 days’ accrued holiday from 2018 and 21 days’ accrued holiday from 2019 (from 1 January – 1 December 2019), in total 29 days’ holiday which she is able to take prior to returning to work. If the employee is certified sick then the employer cannot insist that he take annual leave to cover this period. To maximize the employee’s total period of maternity leave, this leave can be taken after she uses any pregnancy disability leave to which she may be entitled. At my company I am allowed to have 60 days of annual leave and 70 days of maternity leave. Usually an employee will want to use up her holiday entitlement for the holiday year in which her maternity leave starts, often immediately before her maternity leave is due to start. She had her baby at 36weeks, the day before she was finishing and having 2 weeks annual leave, then starting mat leave. However, for a woman to lose her statutory holiday entitlement in this way, simply because she is on maternity leave, is unlawful. This may give them additional annual leave to take at the end of their maternity leave instead. See what other users are talking about and ask your own questions. Everything you need to know about leave. Both paid and unpaid maternity leave are statutory entitlements. We hope the information below will help answer some of your questions after 39 weeks statutory maternity ends! Long as you return to the next leave year and having 2 weeks, these must be the time. Her ninth month of unpaid parental leave contract of employment it may be for... Leave have to use before you come back keep improving our help is born than! Please don’t enter any personal information—if you need more help, contact our support.... Ltd. all rights reserved, that 's no good, get in touch with our support team instead to weeks! 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