Non-contractual holiday during maternity leave

[YellowPirate]

Hi,

I was wondering if anyone knew the answer to this question. I will shortly be going on maternity leave. I know that I accrue all of my holiday and work have confirmed this.

However, we always close over Christmas and as I will be off at this point I will miss out on 2 or 3 days holiday that I would have had if I had been at work. They say as it's not contractual I don't get it. I've worked there 12 years and we've closed each Christmas, but they say the business owners make the decision on an annual basis whether to close or not.

I've been promoted twice since I worked there, but my original offer letter states that the business closes each Christmas and that we get this time in addition to our usual holiday. However, I've had 2 fresh contracts since then.

Are they right? I can't seem to find a definitive answer on-line.

Yx

[MummyBex1985]

No, I don't think they are.

You're entitled not to be treated less favourably whilst on maternity leave. All of your colleagues get those days so I don't see why you shouldn't too.

[aaahhhBump]

My work doesn't close but my pay grade don't work Christmas and Boxing Day. It's a Holiday and it was added in. Hth.

[flowery]

I think they'd struggle to argue that these extra days are not contractual if your initial offer letter confirmed it and it's happened every single year for 12 years on the trot.

Denying you 2/3 days paid leave because you are on maternity leave at the time would be treating you less favourably. I think they should give them to you to take later, the same as bank holidays.

[MaverickSnoopy]

I agree with flowery. As an aside surely if they don't know yet whether the business will close during this period, the simple thing to do is to wait until they do know. If the business does close then they simply give you the leave so that you are not treated less favourably.