I am due to return to work from maternity leave shortly.
Our work does a 'lottery' for Christmas leave, with two hats, the first being for those who didn't take leave last Christmas, and then anything left is drawn for people who did take leave last Christmas.
They have already done the draw for this year, and I was drawn in the second lot, as if I had taken leave last Christmas, but actually I was on maternity leave. Needless to say I have not been allocated time off.
Interesting to thing how it would go if it were the other way around... If working Xmas were a 'perk' (say because if lots if overtime pay). In that case they would have to put you in the 'more likely to work' hat as otherwise you would be able to argue that they has discriminated against you because of maternity leave.
Not sure what my point us here but I guess I'm saying that it is not completely clear cut.