I'm really hoping that somebody has the answer. I've spoken to Acas who agree with me however I'd just like some further advice.
I'm a term time only employee and I'm due to go on maternity leave shortly.
My companies policy is that employees on maternity leave will accrue all annual leave and bank holidays whilst on maternity to take upon their return to work. So essentially having pay reinstated before their physical return to work.
Because I am a term time employee my hr department are saying that I get paid for my annual leave and thus reducing any holiday entitlement against my maternity pay. So they are saying that because I will be paid 90% of my salary initially, for that period I'm only entitled to 10% of my annual leave. Then I will receive 50% of my salary, so only 50% of my annual leave.
My argument is that surely all employees are entitled to paid annual leave, and so my maternity pay shouldn't affect any annual leave accrued.
Does anyone have any experience of this?
Tia