Is An Employee Who Is Off On Maternity Leave Permitted To Carry Over Her Accrued But Untaken Annual Leave?
Posted in : First Tuesday Q&A NI on 2 March 2021
Chris Fullerton
Arthur Cox
An employee who is on maternity leave and therefore cannot use annual leave must be permitted to take her full holiday entitlement outside her maternity leave period. This was confirmed by the European Court of Justice in Merino Gomez v Continental Industrias del Caucho SA (C342/01) [2005] ICR 1040.
A woman's contractual terms (except those relating to remuneration) continue during periods of ordinary maternity leave and additional maternity leave. This means that women on maternity leave continue to accrue statutory annual leave entitlement under regulations 15 and 16 of the Working Time Regulations (Northern Ireland) 2016 (equating to 5.6 weeks for a full-time employee) along with any
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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