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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Aibu to think my Bank Holidays should be accrued through maternity leave?

85 replies

Maternityconfusion · 20/09/2019 19:46

Hi everyone

Posting for traffic as its a bit quiet on the employment board.

I am very confused about what happens with bank Holidays when I am on maternity and I am reading mixed answers whilst doing my research.

My holiday entitlement is 5 weeks plus bank Holidays. My department works the bank Holidays (accept christmas when we close) and we therefore get the time back in leiu.

My employer has told me I don't accrue the bank Holidays whilst I am on maternity leave.

I feel like I'm being treated less favorably because I am on maternity and I thought my contractual benefits had to continue whilst on maternity leave. So if I were to get 5 weeks plus the bank Holidays in leiu whilst I was working, I should get the same whilst on maternity because I should be treated as if I was at work.

The CAB website seems to agree with me. Various other places also seem to agree and say if my contract says my leave entitlement is 25 days PLUS bank Holidays then this is what I should accrue.

However the maternity action website says

"All employees are entitled to 28 days statutory annual leave. If your employer provides 28 days annual leave, including Bank Holidays, your employer should allow you to take paid holiday at another time, as the European Court of Justice case of Gomez said that a woman is entitled to take her statutory annual leave as well as her maternity leave. This may also apply to fixed holidays that are part of your statutory annual leave entitlement but the law is not clear and you may wish to seek further advice.

If you are entitled to 28 days annual leave, plus Bank Holidays, you should check your contract or maternity policy to see if you are allowed to take Bank Holidays or fixed holidays that fall during maternity leave at another time. If your employer allows employees who are sick on a bank holiday to take a day off in lieu, they should also allow women on maternity leave to do the same, as it could be discriminatory not to."

So now I'm confused! I don't understand why I wouldn't accrue this time off. Essentially my colleagues who are not on maternity leave are getting extra days off and I am getting back less days than I would be if I wasn't in maternity yleave.

I've spoken to Acas who although made it clear that I should be getting the 5.6 minimum statutory, kind of avoided the fact that even if my employee allows me the 5.6 this is still less than what my contracts says.

The equality human rights commsion website says a similar thing to maternity action.

Can anyone shed any light? I know I have to just put this into writing to my employer but I was hoping someone might give me some hope!

Thanks for reading this far Blush

OP posts:
Lazypuppy · 20/09/2019 19:55

I accrued the bank holidays as well as my normal during maternity.

Has your employer said why you don't get them?

Andonandonan · 20/09/2019 19:58

I know as a teacher I wasn’t allowed to accrue any holiday during mat leave as within the 12 months either side I would reach the statutory 28 days and no extra was allowed. Kind of sucked when all my friends were off for 13/14 months & I could only have 12 months to the day. But I guess it suggests that as long as statutory is met they don’t need to give you the rest.

Original poster
Maternityconfusion · 20/09/2019 19:59

They have said because I haven't actually worked them I don't get the time back toil.

But I thought for all intents and purposes I should be treated as being at work and get the same benefits.

I just think this is going to be down to its a grey area and I will have to decide whether to fight it or not.

OP posts:
Original poster
Maternityconfusion · 20/09/2019 20:01

@andonandonan would you have got extra time off for the bank Holidays if you had been in work? I think that is the deciding factor.

But yes maybe they only have to give me the 28 days statutory

OP posts:
altiara · 20/09/2019 20:02

I think my company pay the bank holidays rather than let you accrue them, can you check if you’re paid them whilst on mat leave?

MythicalBiologicalFennel · 20/09/2019 20:03

YANBU and you are correct

I had a similar issue with my leave during my first pregnancy. I thought I would have to fight it. I was dreading it as I was physically very poorly due to hyperemesis. However they quietly backed down after a couple of firm, factual and polite e-mails to the right people at HR.

Abibranning · 20/09/2019 20:03

The point is you are getting your statutory allowance just not the extra days.

mintoreo · 20/09/2019 20:03

I also accrued bank holidays whilst on mat leave. I'm not sure generally what the rules are though.

Andonandonan · 20/09/2019 20:06

Well yes, the ones in term time. Obviously several are in holiday time but not all.

I guess my point was contractually I get 13 weeks hol a year - on mat leave this wasn’t the case, none of my hols were paid. So I think the same argument probably applies even though not bank hols.

WeDidNotChangeTheLocks · 20/09/2019 20:06

I work in the NHS, I got my bank holidays

Original poster
Maternityconfusion · 20/09/2019 20:15

@Abibranning actually I'm not getting my statutory entitlement. The statutory entitlement is 5.6 weeks and my employer are saying I only get 5 weeks because they're excluding the bank Holidays in my contract.

@andonandonan sorry I wasn't being rude, I think you may be right!

OP posts:
Original poster
Maternityconfusion · 20/09/2019 20:16

@altiara no I definately don't get paid for them, that would be nice!

OP posts:
hsegfiugseskufh · 20/09/2019 20:18

Oh! Well i didnt even consider that! Mine were not accrued and now i feel badly done to!

BaaBaaBS · 20/09/2019 20:18

I got all my bank holidays accrued

dowehaveastalker · 20/09/2019 20:18

I suppose it will be company specific ?

Abibranning · 20/09/2019 20:23

Ah sorry misread I thought they were giving you the 5.6, but not the extra in that case yes they should give you that as a minimum.

mrsed1987 · 20/09/2019 20:23

So do you get paid them at the end or do you get to take them as leave before you return

FagashJackie · 20/09/2019 20:25

That sounds like a bad deal for teachers. Is the pay normally reckoned as a salary over 12 pay days? It seems mean not to count regular holiday in reckoning maternity leave.

Merryoldgoat · 20/09/2019 20:26

You accrue holiday on maternity leave exactly as you should when working.

If you annual allowance is 25 plus 8, and you’re a full time worker, and take off a whole year you accrue 33 days’ leave.

Some might have policy about how much you can take vs be paid for etc but you should end up with the equivalent leave/payment to 33 days.

FagashJackie · 20/09/2019 20:26

I'm pretty sure I got all my bank holiday pay.

HappyParent2000 · 20/09/2019 20:26

Stuff happens, we booked two weeks off and just days before partner was signed off work for two weeks... What bad luck!

Just had to live with the loss and move on.

Missingstreetlife · 20/09/2019 20:28

Look at your contract. Where is your union?

SayNoToCarrots · 20/09/2019 20:30

@Andonandonan you are incorrect. Contractually, teachers have 28 days paid holiday a year. The rest is unpaid. To work out your daily rate (e.g. for supply) you divide your annual pay by 195 days working plus 28 days paid holiday.

Abibranning · 20/09/2019 20:30

I took all of mine when I returned 28 days over 3 months it was great

happytoday73 · 20/09/2019 20:32

I accrued BH on maternity leave. Personally I think it's daft as I had those days off. It's not as if I missed out on them... Or lost out financially