Yes, you accrue annual leave throughout your entire maternity leave — including the unpaid portion. This is a statutory right under the Employment Rights Act 1996. Your annual leave continues to build up at your normal rate during Ordinary Maternity Leave (first 26 weeks) and Additional Maternity Leave (second 26 weeks), and you are entitled to take it or be paid for it when you return.
Key Takeaways
- You accrue annual leave during both paid and unpaid portions of maternity leave — there is no gap.
- The accrual rate is based on your normal contractual entitlement (e.g. 28 days per year for a full-time worker).
- Any untaken annual leave from the previous leave year must be carried over and added to your balance when you return.
- You have the right to take your accrued holiday when you return — typically as an extended period of leave after maternity leave ends.
- Employers cannot refuse to allow you to carry over annual leave that accrued during maternity leave.
How Much Annual Leave Accrues During Maternity Leave?
The calculation depends on your contractual entitlement and how many weeks you are on maternity leave. For a full-time employee entitled to 28 days (20 + 8 bank holidays) per year:
- 52 weeks of maternity leave = 28 days annual leave accrued
- 39 weeks of maternity leave = approximately 21 days accrued
- 26 weeks (Ordinary Maternity Leave) = approximately 14 days accrued
The accrual is calculated pro-rata based on the duration of your maternity leave. Your employer cannot reduce your accrual rate because you are on maternity leave — it must be calculated as if you were working normally.
Can I Take Annual Leave Immediately After Maternity Leave?
Yes. Many women choose to extend their time off by taking accrued annual leave at the end of their maternity leave. This is a common and lawful arrangement. You should notify your employer that you wish to take your accrued holiday after your maternity leave ends, rather than returning immediately.
Important: Some employers require you to give notice of your intention to take annual leave after maternity leave. Check your contract or speak to HR. If your employer refuses, they must have a valid business reason — and even then, the leave must be offered at an alternative time.
What About Bank Holidays During Maternity Leave?
Bank holidays that fall during your maternity leave are treated differently depending on your contract:
- If your contract says “28 days including bank holidays,” bank holidays during maternity leave count toward your annual leave entitlement — but you can take them at another time.
- If your contract says “20 days plus 8 bank holidays,” the bank holidays are additional days. You are entitled to them as part of your leave and can take them at another time.
In both cases, you do not lose bank holidays because they fall during maternity leave. See our do I accrue holiday on maternity leave guide for more context.
What About Returning to Work?
When you return from maternity leave, your employer should confirm your accrued annual leave balance. If you have annual leave remaining from the previous leave year that you could not take because of maternity leave, this must be carried over automatically — it is not discretionary.
Questions to ask before you return:
- How many days of annual leave have I accrued during my maternity leave?
- Can I take my accrued leave immediately after my maternity leave ends?
- Do I have any carried-over leave from the previous year?
- When is the deadline for taking my accrued leave?
FAQ
Do I accrue annual leave during unpaid maternity leave?
Yes. Annual leave accrues during both paid and unpaid portions of statutory maternity leave. The right to accrue holiday is not affected by whether you are receiving maternity pay or not.
Can my employer force me to take annual leave during maternity leave?
No. You cannot be forced to take annual leave while on maternity leave. Annual leave is there for you to use when you return to work. However, some employers may ask if you want to use some annual leave to extend your maternity leave at full pay — this is optional.
Does shared parental leave affect annual leave accrual?
The same rules apply to shared parental leave. You accrue annual leave at your normal rate during shared parental leave, including any unpaid weeks. See our shared parental leave guide for more detail.
What if I don’t return to work after maternity leave?
You are still entitled to be paid for any accrued but untaken annual leave in your final payslip. The employer cannot withhold this even if you do not return. This includes leave that accrued during your maternity leave.
Can my employer limit how much annual leave I can take after maternity leave?
Your employer can refuse specific dates for business reasons (as with any leave request), but they cannot refuse to allow you to take your accrued leave entirely. If they refuse all requests, you can escalate through the grievance procedure or request a carryover into the next leave year.