The rights that continue during family leave are scattered across half a dozen GOV.UK pages. Consolidated: what keeps running, what pauses, and the return-to-work rules employers most often get wrong. What continues in full
Redundancy: the 18-month protected windowSince April 2024, protection extends well beyond the leave itself: from notification of pregnancy (or adoption match) until 18 months after the birth or placement, you have priority over other at-risk colleagues for any suitable alternative vacancy in a redundancy exercise. You can still be made redundant if no suitable vacancy exists - the protection is a first claim on what does exist, and bypassing it makes the dismissal automatically unfair. Returning to workThe not reasonably practicable exception is narrow: a reorganisation that redistributed your duties may qualify; a replacement the employer prefers to keep never does. Refusing a return or downgrading the role invites automatically unfair dismissal and discrimination claims that need no service qualification. Keeping in touch without ending the leaveMaternity and adoption leave allow 10 KIT days; Shared Parental Leave adds 20 SPLIT days per parent. Working beyond those totals ends the leave. Reasonable contact from the employer - consultation on reorganisations, promotion opportunities, redundancy processes - is not only allowed but required: being left out of a promotion round because you were on leave is discrimination. Related guidesThis article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting. Frequently asked questionsDo I accrue holiday on maternity leave?Yes - statutory and contractual holiday accrues for the full 52 weeks, including the unpaid final 13, and untaken leave carries into the next holiday year. Does my employer pay pension while I am on maternity leave?Yes, while you receive any statutory or contractual pay: employer contributions are based on your normal pre-leave salary, yours on the pay you actually receive. During fully unpaid leave, contributions pause unless the scheme says otherwise. Can I be made redundant on maternity leave?Only within the rules: from pregnancy notification to 18 months after birth you have first claim on any suitable alternative vacancy, and redundancy without honouring that priority is automatically unfair. Do I get my exact job back after leave?After 26 weeks or less, yes - the same job. After longer, the same job unless not reasonably practicable, in which case a suitable alternative on no worse terms. Can my employer contact me during leave?Yes - reasonable contact is expected, and they must include you in consultations, vacancies and promotion opportunities. Ten KIT days (20 SPLIT days on SPL) allow actual work without ending the leave. Does family leave break my continuous service?No. Every form of statutory family leave counts towards continuous service for redundancy pay, unfair dismissal rights and service-based benefits. Sources |
Your Rights While on Parental Leave: What Continues and What PausesWhat keeps running during family leave: full holiday accrual, the pension asymmetry in your favour, and the 18-month redundancy shield.
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