Treatment of Bank Holidays whilst on maternity leave

(57 Posts)
Mon7 Wed 29-Apr-09 22:16:34

How should an employer treat bank holidays for an employee who is on maternity leave?

hf128219 Wed 29-Apr-09 22:18:59

I don't quite understand the question! Do you mean do you bank them?

Mon7 Thu 30-Apr-09 08:24:28

Yes, is an employee entitled to add them onto their annual leave if they occur while they are on maternity leave?

flowerybeanbag Thu 30-Apr-09 08:53:08

You are entitled to all your contractual benefits during maternity leave now, including paid leave, so if you normally get bank holidays off paid, then yes you still get them and should be able to add them to your annual leave entitlement.

Mon7 Thu 30-Apr-09 09:43:52

That's what I thought as in the past I've received BH in addition to my annual leave. My contract also states that I will "normally" receive these but HR state that as I am on maternity leave this is not classed as a normal situation. Is there legislation or case law to confirm treatment of BH?

Katelyn Thu 30-Apr-09 09:46:48

No, you get paid for them. I just got back from Maternity Leave and was paid them as they occured.

hotmama Thu 30-Apr-09 09:55:47

I work in local government. Any bank holidays that occur in the first 6 months are added to my annual leave when I go back to work.

This didn't happen when I had dd1 in 2004 but the policy changed in 2006 when I had dd2 - so I did then .

HTH smile

EyeballsintheSky Thu 30-Apr-09 10:04:04

Aha, that explains why my accrued leave was about 5 days more than I expected when I went back to work. They didn't say that's what it was though.

flowerybeanbag Thu 30-Apr-09 10:55:44

There's no specific legislation about bank holidays but there doesn't need to be. As far as your contractual benefits and holiday entitlement are concerned, maternity leave is a 'normal' situation.

See here. At the top of the page it confirms that during maternity leave you get all your normal benefits, and then further down it specifically says that you continue to be entitled to paid holiday throughout as well. There's no reason this wouldn't include bank holidays, they are paid holiday and a benefit, so you get them. Your employer doesn't get to opt out of maternity legislation by putting 'normally' in your contract and then deciding that maternity leave isn't 'normal'. Otherwise employers could put that for all holiday and benefits!

beetlemum Thu 30-Apr-09 22:53:56

Hi flowery and others,I posted a few weeks ago regarding my work refusing to pay me my bank hols or let me take them as extra holiday. Line manager has contacted works solicitors who have said to her in an email:
(sorry its a bit long!...)

“Your query fits in to scenario 3 (as she was entitled to 10 public holidays and 28 days annual leave) so the employee is not entitled to bank holidays. I have provided a full copy of the response from xxx as I thought you may find it useful

From October last year contractual holiday will continue to accrue during AML

In terms of whether there is an entitlement to days off in lieu for bank holidays that fall during maternity leave there are 3 scenarios:

1. If the contract provides:

'Your holiday entitlement is 30 days. This includes any bank holidays that fall during your working week'

then our view is that the employee has a contractual entitlement to 30 days and they will continue to accrue holiday at this rate. It does not matter that 8 of the days are bank holidays.

2. If the contract provides for less than the statutory minimum plus the 8 bank holidays, for example:

'You are entitled to 25 days holiday plus the 8 bank holidays'

then our view is that the employee must continue to accrue at the rate of 28 days to ensure that they receive their statutory entitlement. With regards the remaining 5 days the position, in the absence of case law on the point, is unclear. Our view however is that the employee is not entitled to payment in lieu or time off in lieu. This is because our view is that the bank holidays should properly be characterised by the tribunal as 'a right to remuneration' (as the employee is paid for them) and an employee is not entitled to remuneration during maternity leave (only non-remuneration benefits).

I notice that the standard contract on xxx now gives only 28 days holiday and states that this includes the 8 bank holidays (ie 20 days plus the 8 bank holidays). Clearly in these circumstances the employee would be entitled to time off in lieu for the bank holiday as the bureau would need to ensure that the employee gets her statutory holiday entitlement.

3. If the contract gives employees the whole of the statutory entitlement plus the 8 bank holidays, for example:

'You are entitled to 28 days holiday plus the 8 bank holidays'

our view is the employee is not entitled to either payment in lieu or lime off in lieu for the 8 statutory holidays for the reason set out in paragraph 2 above.”

So it looks like they are saying that they are opting out of the maternity legislation and saying there is no point in going to a tribunal cos the tribunal will say I am not entitled to them???

I was going to just let this lie as I have got to go back in September and I need a job to go back to!

Don't know how best to proceed...

flowerybeanbag Fri 01-May-09 13:54:18

That doesn't make sense at all. Why is a paid day off that happens to take place on a bank holiday 'remuneration', but a paid day off taken at any other time is a 'benefit'. It's not remuneration, it's paid time off, which is a benefit.

The whole point of the legislation is that you get your benefits and paid holiday during maternity leave exactly as you would if you were at work, the principle being that it is sex discrimination if you lose any of your benefits/paid holiday simply because you are on maternity leave. They are saying that because you are on maternity leave, they are taking away one of your benefits, which is sex discrimination.

How the bank holidays are worded in your contract makes no difference.

I can't remember but have you put in a grievance yet? If not, do that, if you've already done that, it might be time for a trip to the CAB. You say you are worried about your job, but if they sack you for claiming maternity rights they'd be in a whole heap of trouble.

beetlemum Fri 01-May-09 17:49:20

Flowery, it makes no sense to me either!

Doubt the CAB can help as I work for them .

I have just rang the ACAS helpline who seem to think the same as work do, advisor said that as I am on SMP I am in effect being paid for my bank holidays but at my SMP rate. If I was to be paid or given them to add on to my holidays then this would in effect be remuneration (Sp?) and of course I am not entitled to my normal wage .


flowerybeanbag Fri 01-May-09 18:13:57

Take no notice of ACAS, the number of times they are wrong about maternity stuff is scary - they told someone on here a few months ago that she wasn't entitled to any holiday during her maternity leave hmm. You are certainly not being paid for bank holidays while you are on SMP, that's ridiculous.

I genuinely don't get this 'remuneration' argument. You're not asking to be paid in lieu of them, you are asking to be allowed to take the time off. If it's time off, it's not remuneration. In legal terms there is no difference between holiday and bank holidays, it's all paid holiday, just that some of it you take at a set time. I really don't get why anyone is saying that bank holidays off is remuneration but normal holiday isn't, that's just bizarre in my view.

Have you put in a grievance, I can't remember?

beetlemum Fri 01-May-09 20:00:27

thanks bean
about ACAS, if they don't give proper advice then where can i go,obv the CAB is out lol.
I haven't put in a grievance as yet,have been trying to sort it out amicably w/ line manager via email. I am very unsure about the whole grievance process, as I have been getting conflicting info and don't want to end up jobless or making things awkward for myself when i go back. all I want really is the actual extra holiday, not payment in lieu.
Do you think I should go to a solicitor who specialises in employment and try and get a free half hour or something.

flowerybeanbag Fri 01-May-09 20:51:53

Yes you could consider going to see a solicitor. But he/she will advise you that to take this further you will need to first raise a grievance. Just bear that in mind, because once you've used up your half hour, you'd then have to pay if you want to take further advice should your grievance not be upheld - you will have used up your free half hour already.

You mention again about 'ending up jobless'. Why is that, do you have any reason to think they are trying to get rid of you, or that they would sack you for raising a grievance?

Mon7 Thu 07-May-09 21:04:15

Thanks to everyone who responded to my post. I've queried the treatment again with HR, I'll keep you posted on the response.

footstep Thu 07-May-09 23:07:29


Are you a member of a union?

If not, the CAB service has a national women's group which "aims to support women in the service both formally and informally. It also represents women in the service" - It might be worth contacting them?

You can find details on cablink (search for 'women').

Good luck. Let us know how you get on.

footstep Fri 08-May-09 12:17:12


I meant to add - even if you're employed by a CAB, you can seek advice from another CAB (one of the benefits of each Bureau being an independent charity).

beetlemum Sun 10-May-09 20:50:55

Hi footstep!
I'm not a member of a union.
I don't have access to cablink whilst i am at home. All the passwords were saved on my work computer.
I had thought about going to the CAB in the neighbouring town, i am in two minds really.

Spoke to a different person at ACAS on fri who gave me different advice to the first guy I spoke to. She suggests I speak to the commission for equal rights (i think, made notes on the call but can't lay my hands on them atm!)and/ or get intouch with an employment solicitor. Latest email from my line manager says that if I am unhappy with the "legal ruling"from Cit Advice solicitors then I need to seek my own legal advice.

Flowery: I don't think they are trying to get rid of me. Can you get sacked for
raising a greivance? I don't know anything about putting one in or the likely consequence, what steps do you have to go through to raise a grievance, I have had a quick look on the internet but it seems to have changed, and I'm suffering form baby brain.

Mon7 let me know what happens with your hols and sorry for hijacking your threadblush. best of luck!

flowerybeanbag Sun 10-May-09 21:44:49

No you can't get sacked for raising a grievance, and anyone who tries to sack you for doing so, particularly when the grievance is related to your maternity rights, and effectively about sex discrimination, would have to be completely bonkers, quite frankly.

Your employer must have a grievance policy available to you, but basically you need to write, usually to your line manager, stating that you are raising a formal grievance, then outlining the problem. They then have to hold a meeting to hear your grievance at which you must be allowed to be accompanied by a colleague or TU official, then they have to let you know the outcome, then they must allow you to appeal if necessary.
Basic grievance process.

footstep Mon 11-May-09 11:41:58


Equality and human rights commission helpline

I've sent you a CAT!

beetlemum Mon 11-May-09 21:01:52

footstep.. thanks .. thats the one. Haven't had chance to ring today. Will do tommorow!
Sorry I don't have CAT

beetlemum Tue 12-May-09 13:04:09

Spoke with equality and human rights commission helpline they say only chance i've got is if employees on the sick get to take their bank hols after they return to work. Am looking into this but suspect I know what the answer will be. Just wanted to come back to thread to thank footstep and flowery!

flowerybeanbag Tue 12-May-09 14:05:17

Eh? Not sure what employees who are off sick have to do with it! If you ask me the legislation is quite clear, you must gets your contractual benefits as if you were at work, and paid bank holidays is a contractual benefit. You must also accrue paid holiday as if you were at work, again, bank holidays are part of your holiday entitlement.

AmpleBosom Wed 13-May-09 19:37:11

Just to add to the discussion i asked this question of the HR maternity leave person today and she is saying that i'm not entitled to bank holidays whilst on maternity leave.

She has asked me to send her an email with any links which support my claims. I can find some stuff on the internet but not from what she would probably see as reliable sources. She tells me she has just updated the maternity policy (Making relevant changes relating to the new rules introduced in April 2008 shock)and is waiting for it to be ratified, this would mean her altering it grin. I work for the NHS who you would think would know about this stuff!

Has anyone found anything which i could quote or refer her to?

StaceyJane Wed 13-May-09 20:15:44


I just wanted to say that I work for local government. When I went back to work in January 09 having been on maternity leave since April 08 I was able to add all the bank holidays that had occurred during my OML onto my annual leave. Had my baby been born after October 2008 (when the law changed?) I would have been able to add all the bank holidays that had occurred during my AML as well. Fortunately this was all clearly outlined on my work's HR intranet site otherwise I would never have known as my manager clearly didn't when I told her about it!

Treats Wed 08-Jul-09 12:45:38

Just to revive this one - as I've been looking at it in advance of going on mat leave in 2 months' time.

The three different scenarios quoted by the solicitor are basically three different ways that a contract could be drafted to reflect holiday entitlement and what your contract says will determine whether you get BH added or not.

Your contract could say that you have 28 days holiday (the statutory minimum for a full time worker since April this year). This is your contractual entitlement. it might then say that you get paid bank holidays in addition to this - so not strictly a benefit - just part of your normal remuneration.

On the other hand, your contract might say (as mine does) that you get 33 days holiday a year, but that you must take 8 of these days on the bank holidays. Therefore, my contractual entitlement to holiday benefits is 33 days.

So because BHs are part of my holiday benefit, I'm allowed to add them on to my mat leave. If BHs were additional to my holiday benefit, I wouldn't be able to. I'll be off from September to April, and will accrue 5 BH days in that time, which I can add to my next year's holiday entitlement when I return.

Does that make sense? Hope that helps someone.

PavlovtheForgetfulCat Wed 08-Jul-09 12:53:31

Oh I am reading this with interest. I sort of presumed I would lose those bank holidays that occur while I am on maternity leave?

I checked about bank holidays that occured while I was off sick, and I lose them - HR said that I would get them back if they were annual leave, but that full time staff would not get them back, therefore I would not get them back. I sort of presumed that I would lose the days that occured for example at Christmas. Ie my annual leave is 32 days, of which 6 are BH, I have to take them on bank holidays but as I am not at work, I do not get to take them.

So, is that right or wrong?

And, my contract states nothing at all about bank holidays as this was not law when I was employed full time. I have not ever received a new contract relating to my part time hours as part of my flexible working.working agreement so there is nothing to indicate whether my bank holidays are AL + BH or AL, of which x days must be taken as bank holidays.

I am very confused now. I shall re-read all the posts and see if I can become un-confused grin

flowerybeanbag Wed 08-Jul-09 12:55:48

Have to disagree there treats.

If someone contract says they are entitled to 28 days 'holiday' and that they are also entitled to 8 paid bank holidays off as well, I can't see how the 8 paid bank holidays bit of the contract are not a contractual benefit? If it says in the contract that the person gets 8 days off paid on bank holidays, then surely that's a contractual benefit?

Just because they are not rolled into the holiday entitlement makes no difference as far as I can see. Women are entitled to all their contractual benefits during maternity leave, including but not limited to paid holiday.

I know it makes no difference to you as your contract is worded such that it's all included in your holiday entitlement anyway, but I just wanted to register that I disagree that paid time off on bank holidays isn't a contractual benefit - to me, if it's listed as a benefit in the contract, then it's a contractual benefit, and therefore something the woman continues to benefit from during her maternity leave.

PavlovtheForgetfulCat Wed 08-Jul-09 13:01:57

Oh and I did not get any BH returned to me when I returned from maternity leave in 2007 last time!!!! Oh well, guess it is too late to claim that back now grin

Treats Wed 08-Jul-09 14:04:44

Hi flowerybeanbag - happy to be disagreed with smile. As you pointed out, I'm better informed about my own situation, so probably shouldn't comment on others' contracts. I think I was just trying to make sense of the three scenarios that beetlemum posted and might have assumed that the difference was in whether the BHs were included as part of your holiday entitlement or were added on as an extra. As you say, it's all contractual benefit.

The bit that I did understand from beetlemum's post is that all full time employees are entitled, by law, to at least 28 days' holiday, so whether your holiday entitlement includes BH or not, your employer can't refuse to add any BH that occur during your mat leave to your holiday entitlement if it means that you end up with fewer than 28 days holiday.

flowerybeanbag Wed 08-Jul-09 14:10:42

Yes absolutely, all f/t employees get 28 days now. Lots of employers used to give 20 or 25 days holiday and then bank holidays on top. As legislation has changed to increase the basic minimum to 28 days, many employers haven't amended holiday entitlement because the fact that bank holidays can be included in the 28 days means they don't need to. As long as people actually get 28 days off it doesn't matter whether a proportion of those are expressed as annual leave and a proportion as bank holidays.

But in those circumstances, even if an employer felt they had an argument that was no contractual entitlement to bank holidays, there would still be a statutory entitlement to 28 paid days off even during maternity leave.

But surely as you were on leave on that actual BH day, then you received a day off that you were paid for at the time as you were being paid maternity pay. So therefore there is no additional entiltement (unless your BH days are incl within your 28 statutory days that is).

flowerybeanbag Wed 08-Jul-09 14:36:18

You could apply the same argument to normal annual leave though thehairybabysmum. Maternity leave is something different to paid leave.

If you could say by being on maternity leave and receiving SMP on a day that would normally be taken as a bank holiday the woman has received the benefit of that particular paid day off, you could also argue she's had all her contractual holiday as well. Following that argument the woman was on 'leave' and was receiving some 'pay' for more than 28 days days which she would normally take off during that time as annual leave.

True Flowery...hadnt thought of it like that.

Ive no legal idea, it was just a thought that occurred to me.

Nubbin Wed 08-Jul-09 16:19:00

This is a bit of an unclear area - needs a test case! As an employment lawyer I would advise:

It depends on the right in your contract.

All employees have the right to have 28 days leave a year (statutory minimum).

So if:

Your contract says 28 days a year (including bank holidays) - you will accrue 28 days during 12 months of maternity leave (pro rate for short periods).

Your contract says 35 days leave per year - you will accrue 35 days during 12 months of materinty leave.

Your contract says 28 days leave plus bank/public holidays - you will accrue 28 days. The right in your contract is to take a bank holiday off NOT a day of annual leave.

Your contract says 25 days plus bank holidays - you will accrue 28 days because of the statutory minimum.

There may also be provisions on carry over of holiday from one year to the next. Currently the Working Time Regs say that holiday cannot be carried over (so if your leave spans a holiday year you may lose any accrued holiday). The contractual holiday (over the 28 days will depend on your contract.) There is a ECJ case out there at the moment which suggests this may not be the case but it is not clear under UK law. Equally you may have arguments if your emplyoer allows other people to take a day in lieu of a bank holiday.

Public sector contracts (and employment policies) tend to be more generous on this type of entitlement. If you post the contractual wording I'll let you have my view on whether to take advice but the advie your HR received is largely correct if confusingly phrased.

If you are looking for places to back you up on the internet HR will be able to find comparable sources which state the opposite.

nickyboo Fri 04-Sep-09 15:53:38

I agree this is very confusing and needs a test case ! My company are not paying or allowing me to accrue any bank holidays that fall while I am on maternity leave.

I'm not sure whether this is correct or not ?

I've had a look at my contract and it states
"Your holiday entitlement is 30 days in each holiday year. In addition, you are entitled to Public Holidays plus 2 extra days nominated by the Company in the Christmas/New Year period. During all holidays you are entitled to your normal rate of pay".

Basically , what they are allowing me to accrue/be paid for is the annual leave entitlement of 30 days plus the 2 days at Xmas, but not the public holidays. However, I don't see how these days differ from public holidays in terms of the wording in the contract ?

Sorry for rambling... don't know whether to push the issue,as I do plan to return to work here- however 8 extra days paid is quite a lot and not to be sniffed at.

Anyone had any joy in fighting their cornor on this ?

Thanks !

Snowfalls108 Wed 09-Sep-09 16:19:46

I just raised this with my HR department - who were very unclear and reluctant to agree about the bank holidays. However once I sent them to the direct gov page that was linked to earlier and specifically the part that says:
"If your baby was due on or after 5 October 2008 you will build up all your entitlements to paid holiday throughout your Ordinary and Additional Maternity leave. This is even if your contract says you are entitled to more than the statutory minimum"
they have now agreed that I will get the bank holidays as well.

southlundon Wed 14-Oct-09 09:46:47


My office were also not going to pay or accrue the bank holidays (plus an additional company day they give all employees) so I sent them the following:

"I have been told that I was not entitled to accrue bank holidays (and the X Company day?) during maternity leave, but I am not sure why this is the case.
The Direct Gov website states "If your baby was due on or after 5 October 2008, you keep your normal employment rights and benefits (apart from wages) throughout your Ordinary and Additional Maternity Leave". It also specifies "If your baby was due on or after 5 October 2008 you will build up all your entitlements to paid holiday throughout your Ordinary and Additional Maternity leave. This is even if your contract says you are entitled to more than the statutory minimum." maternityrights/DG_175088

As X Company's own Annual Leave policy states "Employees 25 days... All X Company employees are entitled to the above allowance of paid annual leave in addition to the agreed national holidays of their resident country" and "Employees are also entitled to take 1 days’ additional leave known as The X Company Day" so I can't see why the guidance above wouldn't apply."

I also called the Equalities and Human Rights Commission helpline and they advised me that I was a victim of direct sexual discrimination under the 1975 Sex Discrimination Act because I had "suffered a detriment that but for being on maternity leave would not have arisen" (their words). Luckily I didn't have to go down that route but again you may need the information.

After a few days pondering they have given me the days - 9 in total. I'd rather have had the pay but I'm not going to moan about it now!

Hope this helps and good luck.

nickyboo Mon 26-Oct-09 14:03:13

Hi all,

Just to let you know that after complaining and asking for confirmation of the legal basis on which they were relying on to deny payment for bank holidays, my company have got in touch and advised that they are changing their maternity policy on this and I will get payment or days in lieu (whichever I want) for all bank holidays that fall during the period of my maternity leave after all !

So it may be worth persuing the fight !


I've just read through the whole of this thread and can I ask a few things??

When I go on mat leave this time I am taking 2 months AML - does this mean that I will acrue holiday during all of this time now rather than just OML??

I work 3 days per week now so get BH I think it is 6 per year, nothing was ever said about them when I took ML last time, so should I be expecting to have my 6 weeks of holiday plus Easter x 2, may day, whitsun and aug BH tagged on?? I could take 3 weeks at a time and come back to work 3 weeks later and get paid fot it!!!

This is very exciting!!!

america Thu 05-Nov-09 06:10:50

Thank you for this. My company just agreed to pay me those five bankholiday days occured during maternity leave.

I know flowery is off just having had her gorgous baby grin my employers are still saying I will not get the BH despite me sending them all the info from above link, same with childcare vouchers. I have printed everything off for them including the hmrc direct links which state this is the law but still they are disputing this sad. I only have 3 weeks before I go on mat leave any other sugestions for how I can make myself understood to them??

mamayaya Wed 18-Nov-09 22:02:34

What, they are disputing childcare vouchers?? Childcare vouchers actually present a saving opportunity for the employer as the cost of entering the scheme is less than the NI saving they make.

Carrielou you need to maybe do a formal letter to them ?? How are they disputing it / why?

They are still saying I will not get childcare vouchers and need to contact BusyBees to cancel them whilst I am off. Busybees of course have nothing to do with this and as my dd starts playgroup whilst I am off and they take the vouchers I want to pay with them and then build up the rest as a 'store' to help pay for 2 dc when I return to work.

They are also disputing the BH, I get 30 days due to extra from length of service (pro-rata for part time) and I have said I know I will only get the stat min whilst I am off 28 days and they are saying no you get 20 and no BH.

I have sent them all the links but still I am getting no I am the one who has gotten it wrong sad

Pregnatron Tue 02-Nov-10 16:03:18

Need some advice please - I'll set the scene first:

Have been back a work a month now and have quite a hectic job. I work with all men, there's only 7 of us & they weren't very welcoming when I returned, my baby didn't even get mentioned (didn't even get a card... not loosing sleep over it but you get the gist). Perhaps they're not keen on me you might think but we were all friends before i left for ML in Dec. Anyway, my baby's at nursery part time & has been poorly twice, so I had a day off, of which I came in on my day off that week (thanks to Gran offering to take the little one). And I had yesterday off (we were both struck with a sickness bug), so I called my boss Bob (I have 2 bosses, the other (Dick) was also off sick with the same bug yesterday) & informed Bob that I would come in on my day off (Fri) as my mum was available to babysit again. The other boss (Dick) just pulled me to one side (after he returned to work 3 hours late as he was still feeling dodgy after his day off sick!) & said that I had to make the time up from yesterday. I told him I had already made arrangements & had told Bob. He knows I'm not work shy, I have a director position but like I said to him, my mums not going to be able to babysit all the time, if I have to take time off I'm entitled as a parent aren't I?!

So, to get to my question (sorry-writing this whilst fuming is taking me right off point - apologies for the v longwinded rant folks) but am I entitled to paid leave for looking after my baby if sick? (We don't have any policies as the business is young - I don't even have a contract).

The next topic that arose from my "chat" with the boss was holidays & he said it was unlikely I'll have much time due as I'm now part time. Can anyone advise on what I should be entitled to if I work 3 days a week & I normally (full time) would be allowed 25 days paid leave? (I had 8 months ML)

Not expecting a mass of responses as I doubt anyone will have had time to read my post but just in case you do.... THANK YOU!

lal123 Tue 02-Nov-10 19:31:52

No - you are not entitled to paid leave to look after a sick child - you are entitled to unpaid leave though - and you may have more rights contractually.

Re annual leave - you're entitled to 3/5 of full time, so 15 days

Back to the public hol question - I've just returned to work after a year off and have been told that I am not entitled to public hols as I am only entitled to take them as they fall. I'm not arguing as it doesn't look as though I'll be able to use all the AL I've accrued.

Bixie Fri 03-Dec-10 21:38:47

Pregnatron, IF you were full time before you went off on maternity leave then you were entitled to the full years annual leave worth... Your annual leave entitlement will only go down when you apply for the part time position.
Also, some companies do entitle you paid leave to look after a sick child; there should be policies for this regardless of how new a company it is... You are also entitled to accrue bank holidays for the entirety of your maternity leave too... This is a relatively new section of law (think it was passed in 2008 or 2009?) I'd speak to CAB if i were you, if you have no personnel or anything?
I really would try and see if i could get some form of contract in writing tho as they'll just take the piss otherwise...
I work in a male dominated environment and my employer has over 30000 employees... (Have a guess!) yet females are still treated badly when it comes to maternity and flexible working issues; even though they are constantly winning 'family friendly employer awards' Hmmmmmmmmm...

Plc19 Thu 05-May-11 12:55:16

I am currently on mat leave, since end of Sept last year and have handed in my notice. Two things I am unclear on:

My company say that they aren't paying me smp for the notice month as I have 'exceeded my allowance' due to a tax rebate I had in Jan. Is this possible?

Also my employment contract says I get 25 days holiday entitlement plus additional bank/public holidays. In terms of my final hol pay my company says they will pay accrued days Jan-May this year but not the bank hold that have fallen in this period.

Advice appreciated. Thanks.

Mibby Tue 10-May-11 22:15:26

Just marking my place on this very useful thread as Im debating this with my HR at the min

looloo1313 Tue 17-May-11 22:19:40

I started maternity leave in Dec 10 and will be returning to work in June 11. I work in local government and my HR department have told me that I'm not to add any bank holidays (that have taken place since Dec 10) on to my annual leave allowance. Their reasoning was that I've been paid for the bank holidays and to add them to my annual leave would effectively be receiving the benefit twice - is this correct? Any advice would be much appreciated, Thanks

EdwardorEricCantDecide Wed 18-May-11 07:34:39

my understanding is that because everyone else in your company will have got the day off paid, and you would have had that day off paid regardless of wether it was BH or not u should still get it.

Sorry don't think that reads well.

I was off on mat leave with DS from march 09 to jan 10 and got 8bank hols plus full annual holiday when I returned.


RootGinger Sun 29-May-11 03:20:26

I thought I'd answer one of the questions here that you seem to have. As a shift worker I'm often scheduled off on bank holidays. I get these holidays credited to my leave. The reason for this is because I cannot be off shift and on bank holiday too. I'm already off so I can't be off work twice. The same applies to maternity leave. You can't be on maternity leave and on bank holiday at the same time (the same as you can't be on maternity leave and on annual leave) but you are still legally entitled to your bank holidays off. Therefore they have to be credited or paid. Hope that clears one part of this up.

sheepydonna Tue 17-Jan-12 15:21:23

Hi am about to go on mat leave just to add my experience you are entitled to continuation of all contractual t&cs whilst on mat leave - ie if you usually get BHs off and paid then you get them added to your AL!!!! My HR just confirmed the same also I am allowed to take them in advance of mat leave to so I am off early yipee! Seems ike some employers cant understand the information on the .gov website and are interpreting it to their own gain ;-(

Cazm2 Tue 07-Feb-12 14:50:20

hi all i am having terrible trouble with my HR at public sector i work in. i asked about bank holidays and was told that they were looking into rectifying the situation as they understood that people with less thatn 28 days holiday are entitled to them, they then replied with this from our maternity policy.

""Annual leave will continue to accrue during maternity leave. Outstanding annual leave can be taken after maternity leave, even if a new leave year has started. Entitlement to statutory and concessionary days is dependent upon being at work at the appropriate times i.e. if the police officer or police staff member is on maternity leave when statutory and concessionary days fall she is not entitled to additional days off instead. If the police officer or police staff member does not return to work following maternity leave, she will be paid any accrued annual leave for the current year"""

my understanding is that they are not allowed to do this and i have returned my comments stating so. i am usually entitled to 24 days plus bank holidays according to my contract.

am i right? i am so fed up with fighting everything with my HR dept!

Yearofthecat Mon 21-Oct-13 13:57:46

However, under employment law, no employee has the automatic right to carry over holiday from one "holiday year" to the next. So, on the face of it, employees who takes a full year's maternity leave, will only have limited carrying over rights when they return because they will certainly return in a different "holiday year" from the one in which they started maternity leave. The amount of carry over will depend upon how the "holiday year" falls compared with maternity leave period.

But there's another twist regarding carrying over holiday. Every employee is meant to have actually taken 20 days in any one year (irrespective of their entitlement). He law requires this. This means that it can be argued that being on maternity leave has deprived the employee of the right to take this 20 days and therefore maternity leave law will kick in and give the person the right to those 20 after she returns.

But this may not help with bank holidays, I am afraid, unless the employee starts and returns within one "holiday year". Once the "holiday year" is up - it's too late.

jodi3007 Mon 14-Apr-14 16:09:45

If I am currently on maternity leave will I receive my maternity pay plus Easter bank holidays paid on top

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