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?

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

looloo
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.

HTH

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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