The payment amount will then be determined by calculating only the employee's average weekly earnings for the 12 months immediately before the end of the last pay period prior to the annual leave being taken. You do not have to take 52 weeks but you must take 2 weeks’ leave after your baby is born (or 4 weeks if you work in a factory). She had to start mat leave the day the baby was born, loose the 2 weeks annual leave (as she couldn't tag them on the end as of when her leave year fell) and came back to work a week earlier than expected I think. This then would imply that the leave cycle of 12 months continues to accrue annual leave, irrespective of whether that 12 month leave cycle is interrupted by maternity leave or not. Your payments for annual leave are affected in the 12 months after you return to work. The employer may agree to a longer maternity leave if the employee requests it. Check the employment contract if you're not sure. The employer should discuss with the employee whether they will take any accrued holiday prior to going on maternity leave or extend their absence from work by adding annual leave to the end of their maternity leave. The employee may spread the maternity leave before or after the date of delivery as she wishes. At my company I am allowed to have 60 days of annual leave and 70 days of maternity leave. Therefore the annual leave continues to accrue during the period of maternity leave. Yes, you can take leave at the same time or at different times. If you return to the payroll 1st August the following year after finishing mat leave, you then can take all your year's annual leave and BH entitlement that you accrued on maternity, plus what was left that you were unable to take before maternity leave before you physically set foot in the place all on full pay from … Time spent on maternity leave, adoptive leave, parental leave, force majeure leave and the first 13 weeks of carer's leave is treated as though you have been in employment and this time can be used to accumulate annual leave entitlement - see 'Calculating annual leave' below. That's great news Wizzska. Annual leave cannot be taken during a period of parental leave. When 1 parent takes unpaid parental leave, they can take up to: 12 months or; 24 months, if their employer agrees. This website uses cookies so that we can provide you with the best user experience possible. Get the Employer Toolkit Keeping in touch days. 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. Both paid and unpaid maternity leave are statutory entitlements. 26 weeks’ unpaid maternity leave (may qualify for maternity benefit) 16 weeks’ additional maternity leave (no maternity benefit) Note: the contract of employment may provide for pay during maternity leave, but … Legally, women on maternity leave have to be allowed to use up their accrued holiday entitlement. Earliest start date (if date of birth on or after 37 weeks) 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). That means you will carry on accruing paid holiday entitlement for as long as you're on maternity leave. Find out more about your rights as an employee during maternity leave from Working Families. 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. The amount of holiday pay due to an employee when she takes annual leave after returning to work from parental leave will vary, depending on when she takes that leave. 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. Maternity leave is usually created from a variety of benefits that include sick leave, vacation, holiday time, personal days, short-term disability and unpaid family leave time. Whether you can bring forward your flexible leave should you resign. 7, state that a parent is entitled to take shared parental leave/ShPP at the same time as the other parent is taking SPL/ShPP, maternity leave or maternity pay. Also, leaving at least 12 weeks of maternity leave after the baby is born. Accordingly, women on maternity leave continue to accrue their full contractual entitlement to annual leave, including their statutory paid annual leave entitlement of 5.6 weeks under the WTR. However, this does not make the period of maternity or parental leave … Jan Truter of www.labourwise.co.za. The second question was concerning an employee who commenced work in November last year, the employer shut down for a period of 12 days over the Christmas season, and the employee was allowed to take 12 days paid leave for the shut down period, even though he had not yet accrued that amount of leave. 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. For example, Hannah is a full-time employee, working Monday – Friday, 5 days per week. However, this does not make the period of maternity or parental leave any longer. Annual leave is not affected by other leave provided for by law. Parental leave payments are payable for one continuous period of up to 26 weeks. After this, the teacher has an option to take up to sixteen weeks (112 days) of unpaid maternity leave, of which she can use as much or little as she wishes, and which must commence immediately after her paid 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. See our user guide for how-to information and feature overviews. Hannah’s baby arrives early, on 1 October and her maternity leave therefore commences on that day. Annual leave is always calculated at the time the employee takes their leave. As advised by the Department of Labour, it is important for both the employer and the employee to discuss leave plans as early as possible. This can be either before or after the maternity leave period. Therefore, if you give birth early, prior to the holidays being taken or while on annual leave, that leave must stop and your maternity leave will start. Enabled at all times so that we can provide you with the best user experience.! 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