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Our holiday year runs from Jan to Dec. Our employee is due back from taking her total entilement toAML on 13.12.8. Our policy is use it or lose it. Presumably she will lose her accrued holiday of 30days if she fails to give notice that she wants to use it. ie come back 30days earlier but then take her holiday so in effect still returning on 13.12.8.
We recently had queries such as this Nicola, and we have been advised Maternity leave is the one occasion where no matter what you policies say the employee (new mother) is fully entitled to all of their annual allowance. So, if your maternity policy does not cover it an employee coulduse their annual allowance either at the beginning or end of their maternity leave or at any point in the year, regardless of whether this spans 2 holiday years or not. You can't deny the moehter the annual leave, otherwise this can be deemed as discrimination. So yes, they can be off for a complete year, and accrue the full holiday. We have just changed our maternity polcuy to include this so that if a mother has any annual leave remainign from the previous year it is used at the end of their maternity leave, in order to create the least disruption to the company, but hte employee is back to full pay.