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Your Rights While on Parental Leave: What Continues and What Pauses

What keeps running during family leave: full holiday accrual, the pension asymmetry in your favour, and the 18-month redundancy shield.

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Chandraketu Tripathi
Finance Editor, Kaeltripton
Published 23 Jul 2026
Last reviewed 23 Jul 2026
✓ Fact-checked
Your Rights While on Parental Leave: What Continues and What Pauses

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At a glance

During maternity, paternity, adoption, shared parental and neonatal care leave, every term of your contract except wages continues: holiday accrues in full, employer pension contributions continue at pre-leave salary while statutory pay is flowing, redundancy protection runs for up to 18 months, and your job - or a suitable equivalent - is waiting at the end.

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

  • Holiday: statutory and contractual holiday accrues for the entire leave, including the unpaid portion - a full year of maternity leave banks 5.6+ weeks of paid holiday for the return, and it carries over year-end.
  • Pension: while any statutory or contractual pay is being received, employer contributions continue based on PRE-LEAVE salary while yours are based on actual (lower) pay - one of the few asymmetries in your favour. Contributions stop only during fully unpaid periods.
  • Benefits in kind: company car, health insurance, phone and similar continue throughout, including unpaid leave.
  • Continuity of service: the whole leave counts towards length of service for redundancy pay, unfair dismissal rights and contractual entitlements.

Redundancy: the 18-month protected window

Since 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 work

Leave takenReturn right
26 weeks or less (OML, paternity, SPL under 26 weeks total)The exact same job, same terms
More than 26 weeksThe same job unless not reasonably practicable, then a suitable alternative on terms no less favourable
Any lengthRight to request flexible working from day one, with a decision within 2 months

The 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 leave

Maternity 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 guides

Maternity pay and leave
Shared Parental Leave, explained
Adoption pay and leave

This 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 questions

Do 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

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Editorial Disclaimer

The content on Kaeltripton.com is for informational and educational purposes only and does not constitute financial, investment, tax, legal or regulatory advice. Kaeltripton.com is not authorised or regulated by the Financial Conduct Authority (FCA) and is not a financial adviser, mortgage broker, insurance intermediary or investment firm. Nothing on this site should be construed as a personal recommendation. Rates, figures and product details are indicative only, subject to change without notice, and should always be verified directly with the relevant provider, HMRC, the FCA register, the Bank of England, Ofgem or other appropriate authority before any financial decision is made. Past performance is not a reliable indicator of future results. If you require regulated financial advice, please consult a qualified adviser authorised by the FCA.

CT
Chandraketu Tripathi
Finance Editor · Kaeltripton.com
Chandraketu (CK) Tripathi, founder and lead editor of Kael Tripton. 22 years in finance and marketing across 23 markets. Writes on UK personal finance, tax, mortgages, insurance, energy, and investing. Sources: HMRC, FCA, Ofgem, BoE, ONS.

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