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Annual leave during maternity leave

28 replies

Thinkythonk · 18/10/2019 18:58

Hi everyone

I'm hoping someone can help me out with a situation at work.

I'm going to be on maternity leave from 1st Jan for the whole year and my annual leave runs from 1st Jan until 31st December.

My contract says my annual leave entitlement is 25 days not including bank hokidays.

We work most of the bank holidays which we then get back in toil, and then the Christmas ones the office is closed.

I know I won't accrue the bank hokidays as I won't be in work to get toil, but this then only leaves me with 25 days annual leave when the statutory is 28.

I've raised this with employer and asked them how this can be right as I will be accruing less than the minimum but they've been very clear in saying that I only get the 25 days as that's what's in my contract.

I think they're saying I am essentially going to be off for the bank holidays so therefore I have taken them and would have had over the 28 days.

They have now said to me I can have it my way if I want but they will have to deduct all the bank holidays from my 28 days which will leave me worse off.

Can anyone shed any light? I'm getting really conflicting info from my research.

Acas says I should accrue 28 days but maternity action 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."

I don't know if I'm reading it wrong, but that last bit says to me its a grey area?

OP posts:
Are your children’s vaccines up to date?
Thinkythonk · 19/10/2019 17:55

Thanks @hrer that's really helpful, it certainly sounds like I should be getting the 28 days if I cant take annual leave at the same as maternity.

OP posts:
Thinkythonk · 19/10/2019 17:59

Thanks @TeacupDrama I'm hoping you're right. I just don't see why they are saying the rest of the 28 days above the 25 will have already been taken. If it was that clear cut I just cant understand an employer being so unaware, it's shocking really if they are wrong.

I'm not worried about when they want me to take it, happy to take it at the beginning or at the end, I just want my 28 days!

OP posts:
HRER · 19/10/2019 18:15

You can't have both.. so you take mat leave and any accrued you take on your return.
You cannot be paid in lieu either
H

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