Does my time off for maternity leave count towards my length of service?

The situation

I am currently working at a small retail shop in Manchester, England, and I am trying to figure out my employment rights. I first started my job on 15th March 2021. I worked steadily for two years until I went on maternity leave, which began on 1st June 2023. I was away from the shop for exactly six months, returning to my regular shifts on 1st December 2023. Now that I am back, my manager mentioned that because I was away for half a year, my 'official' start date for certain benefits might have been pushed back or reset. I have already checked my original contract, but it doesn't specify how my time away affects my total years of service. I am worried that if I am made redundant or if I need to claim certain protections, they won't count the six months I was on maternity leave as part of my continuous time with the company. I need to know if my total length of employment is calculated from my original start date in March 2021, or if those six months of leave are subtracted from my total time, effectively making me look like I have less seniority than I actually do.

Detailed Analysis

Under the Employment Rights Act 1996, your period of continuous employment—which is the total uninterrupted time you have worked for an employer—is protected during maternity leave.

According to the law, an employee's period of continuous employment "begins with the day on which the employee starts work"^[1]. For you, this means your service began on 15th March 2021. While you were away from the shop for six months, the law provides that certain types of leave do not break this continuity.

Specifically, the law states that if your employment includes periods of leave that "do not break continuity of employment," the start date is not reset^[1]. Maternity leave is one such period. Furthermore, when you return from maternity leave, you are entitled to certain protections regarding your status. The law specifies that for the purpose of returning from leave, regulations may cover "seniority, pension rights and similar rights"^[2]. This means your seniority (your standing or 'rank' based on how long you have worked there) should be preserved.

Your manager's suggestion that your 'official' start date might be pushed back or reset is not supported by these statutory protections. Because your maternity leave was an ordinary period of leave, it should be treated as part of your ongoing employment rather than a gap that restarts your clock. Therefore, when calculating your rights for things like redundancy pay or other protections, your employer must look at the time from 15th March 2021, including the six months you were on leave.

Statutory Citations

Related Questions

• What happens if my employer ignores my maternity leave dates?
• Does my time working in France count towards my length of service for unfair dismissal?
• Does my length of service count if my company is bought out?
• What happens if I miss a deadline for maternity paperwork in England?