Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Maternity leave and holiday - posting for traffic!

22 replies

ethelfleda · 18/09/2017 17:36

I'm due to leave in October to have a baby and I am planning on taking the full 52 weeks off. I understand that I am entitled to my holiday both before I go, and when I come back? I get 24 days each year. I was going to write a letter today to my employer to request I bring my leave forward by 2 weeks (they have agreed to this - they just wanted it in writing) and I was trying to find a template letter online when I found something explaining that I am also entitled to bank holidays before and after too?? Is this actually correct?
The website said that the minimum holiday allowance for full time workers is 28 days per year and you continue to accrue them whilst on ML - or the amount stated in your contract (whichever is higher)
My employer says this cannot be the case as they cannot help when the bank holidays are... but I have a friend who works in retail who gets 28 days holiday to use as she has to work bank holidays - surely if she went on ML (hypothetically) she would get 28 in advance before she left?? Or am I just being grabby?
Our holidays run jan - dec if that makes a difference!

Thank you

OP posts:
Cornettoninja · 18/09/2017 17:39

I didn't get bank holidays when I was on m/l 2015/16.

I did ask specifically but apparently you don't (nhs). That might be because I get over statutory anyway?

EnglishRose13 · 18/09/2017 17:42

You'd be entitled to the two remaining for this year and the eight from next year to be taken after you've finished maternity leave. You can either add them to the end of ML and get 10 extra days off or take them within the next holiday period.

Spam88 · 18/09/2017 17:43

I'm getting bank holidays (and I'm NHS).

Tigerpig · 18/09/2017 17:43

Hi

Work in an office job (I.e. We don't work on bank holidays) and during maternity leave we accumulate annual lea d + 8 days for bank holidays.

So in my simple logic you should get 24 days plus 8 days BH leave is you take the full 52 weeks off.

Don't know how it works for people who have to work bank holidays though!

Original poster
ethelfleda · 18/09/2017 17:44

Cornetto do you usually have to work your bank holidays? How many days holiday did they allow you to accrue when you were off?

OP posts:
Original poster
ethelfleda · 18/09/2017 17:46

Tigerpig that's what I was thinking too but I'm being made to feel a bit cheeky for asking??

OP posts:
Tigger85 · 18/09/2017 17:47

I work for the NHS and do not get bank holidays during mat leave.

AccrualIntentions · 18/09/2017 17:48

If your annual holiday allowance is 24 days + bank holidays then you continue to accrue bank holidays while you're off on maternity leave, in the same way you accrue your normal leave.

But you don't get them "up front" before you go off, you accrue them while you are off so they're added to your accrued leave when finish maternity leave.

That's how it works at my place, anyway.

Lindorballs · 18/09/2017 17:51

I worked for the NHS during my last maternity leave and I accrued my bank holiday while I was off. Otherwise your coworkers who aren't on mat leave would be getting a benefit that you are not which I believe is what is considered discriminatory. Bank holidays are just like any other holiday. There's nothing special about them they just fall on a particular day so if you can't take them on that day because you're on mat leave or don't work that day normally you should be able to take them as part of your annual leave entitlement

40andfeelingit · 18/09/2017 17:52

I'm NHS and got BH's accrued in both Mat leaves. You don't get them if you've been off sick when the BH falls though.

JoeyJoeyJo · 18/09/2017 17:53

You do now accrue your 10 days bank holidays in the NHS, at least you do in the health trusts in NI which I believe would have the same terms as the rest of the country. It is a relatively new change though, I was on mat leave 2015/16 and think it had just started then. OP I'm not sure if bank holiday accrual is a right or if the NHS is generous in that regard!

Gizmo79 · 18/09/2017 17:53

NHS here and I did get bank holidays on mat leave. It's in our mat policy which I read thoroughly😆😆 as I have lost out before!

Allthewaves · 18/09/2017 17:53

You will accrue them next year so you would only be able to take them once they have accrued

Vancitybrit · 18/09/2017 17:54

Is any of your ml at full pay? Do any BHs fall during that period? If so then you don't get those BHs added on as you have been paid for them already but if they fall during the statutory or unpaid period then you should get those in addition to your annual leave.

I would post in employment though as you'll get some great posters who really know their stuff.

Original poster
ethelfleda · 18/09/2017 18:03

Thanks everyone
I get SMP so none of it will be at full pay.

OP posts:
Cornettoninja · 18/09/2017 18:25

I worked full time Monday to Friday before dd so yes they were my usual days.

I honestly couldn't tell you what I got on my return. I fully believe I got screwed at the beginning though and tried to argue it as an employment benefit but got the brush off.

I think I got them on my return though because the leave was all online by then so I could see it properly in black and white and it seemed right to me.

My trust is notoriously shite though. My manager refused to entertain the idea of KIT days completely Hmm

cad186 · 18/09/2017 18:36

I don't think it matters if you get full pay or not. I had full pay for 6 months and still accrued all the bank holidays.

Spam88 · 18/09/2017 19:07

Certainly doesn't matter about full pay in the NHS, you accrue them anyway.

MelvinThePenguin · 18/09/2017 19:12

NHS used to be ambiguous. Now you absolutely should get bank holidays. It was clarified as an amendment to national T&Cs. Absolutely no question.

Elsewhere, there is no absolute requirement to give bank holidays. However, you should accrue a minimum of 28 days off per year. Therefore, if you get 24 days' holiday, they should give you credit for at least 4 bank holidays while on mat leave.

This comes from the legal requirement for 5.6 weeks' (28 days') leave, which can include bank holidays.

MelvinThePenguin · 18/09/2017 19:19

Sorry, posted too soon...

You should check your contract. If that says 24 days + BHs, then you have a case that your contract is not being adhered to because of your Mat. Leave.

Either way, you still have a case for discrimination as the only reason you are not getting what everyone else gets is pregnancy/maternity related. The law is not 100% clear in this area, but it's worth making your case.

wasonthelist · 18/09/2017 21:52

Legal entitlement to paid holidays is 28 days per year - that can be including bank holidays if that is how your employer runs things.

There is no legal entitlement to be paid in advance for holidays that will occur during periods of maternity leave, but any entitlement will continue to accrue.

Nicketynac · 18/09/2017 22:57

cornet Speak to your HR and union. I work in NHS and joined a collective grievance about accruing public holidays during mat leave and it was settled after the HB took legal advice saying they would lose. There is a case in the EU court of Human Rights (I think) which said that workers accrue leave during mat leave and sick leave.
Ours was backdated to cover maybe three years of mat leave so you should still be entitled to get some back - we got money as they couldn't grant so many of us leave.
ethel It doesn't matter when the public holidays are, you are entitled to a certain number of them during your holiday "year." Remember that you accrue them at whatever hours you worked before mat leave, even if you reduce your hours on return.

New posts on this thread. Refresh page
Swipe left for the next trending thread