Does annual leave carry over after maternity leave?

First of all, congratulations on the forthcoming addition to your family. You are right, with maternity leave now at a maximum of 52 weeks, it is highly likely it will cross one holiday year into another. Dealing with when to take holiday from one holiday year to the next is often the source of much confusion for employers. However, there is no need for it to be complicated; the simple answer is to take the holidays accrued in the first holiday year before the maternity leave commences and those holidays accrued in the second holiday year at the end.

As you have quite rightly stated that your entitlement will take you into a second holiday year, the options your employer has made available to you are incorrect.

During your pregnancy and up until the end of your maternity leave is known as a Protected Period (s18(6) EqA 2010) where you are protected from unfavourable treatment. Forcing you to cut short your maternity leave in order to take annual leave certainly amounts to unfavourable treatment. Similarly, so would losing the leave or being paid rather than being allowed to take the leave.

Furthermore, annual leave cannot be taken whilst in a period of maternity leave and the Court of Justice of the European Union has confirmed that a worker is entitled to take her annual leave at a time other than during her maternity leave. Your employers are therefore advised to follow the guidance of the Court and allow you to carry your leave over.

In the event that your employer fails to allow this, you could have grounds for discrimination so I advise a letter in the first instance in the form of a grievance asking your employer to reconsider their position. Depending on the outcome of this, you may need to seek advice on how to progress it further in order to get the outcome that you are legally entitled to.

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• Maternity leave Accrued holiday