I am trying to negotiate a new materntiy deal with my employers at the moment.
They have accepted to pay me half pay for six months but I have been asked to forfeit my right to accrue holiday whilst on leave - this includes bank holiday accrual too.
Does anyone know if this is legal - I don't really mind the holiday but I would like to keep hold of the bank holidays - plus as this is a governemt guidline it would be really helpful if I could say it was illegal.
I think you're quite lucky tbh, although I do know some people on here have got more than that. There're a thread on it I think. The statuatory rate is 6 weeks at 90% and then 20 weeks at the current SMP which is £104 odd per week from April. Is that what your company usually pay and you've been able to get a better deal or are they saying you can't have what everyone else has?
On top of my statuatory entitlement, I also accrue and get paid for 6 months annual leave plus any bh that fall within that time. So, i've been paid or will be paid 12 days holiday (24 days per year) plus 5 bh days that fall within the next 6 months. Does that help, probably not!
Don't think it is legal - think it is a statutory right whether the Maternity Leave is paid over and above the minimum or not. Maternity Alliance states you accrue for the first 26 weeks at the usual rate. It may be possible for them to offer you the money in lieu .
Sweetheart, I've been away for a while - did I miss some good news??
Re the leave thing, you are entitled to a minimum of the SMP deal...6 weeks at 90%, 18 weeks @ £102, plus 6 months worth of accrued holiday of min 4weeks annual leave plus 6 mths bank hols. If your employer offers an alternative package where financially you are better off than on the state deal then you can take this better deal if you wish (but I'm not sure you can force them to add bits like hols onto the deal). The maternity alliance website will have numbers you can contact for better advice. HTH
I didn't know about bank holidays being added to the accrued holiday entitlement. Hmmm, must ask work about that. When are they paid? When you return to work or before? In fact, the same question applies to any accrued holiday. We don't normally pay for holidays here unless you leave - the time has to be taken off.
Azure, I was paid for my accrued holiday in my last payment after deciding not to go back. However that was a few (6!) years ago now. Think payment in lieu could be offered as an alternative if, for example, return from ML was so near the end of the holiday year that it would be impractical to take them or carry them over.