Bank Hols whilst on mat leave when you get more than statutory holiday entitlement.

[Strix]

What happens to Bank Hols (i.e. Christmas and Boxling Day) if on ei son maternity leave in that period.

I have to take all my hols before the end of the year. I will start maternity leave on Mon 13th December. Baby will be born Thurs. 16th December.

My company says I just lose these two days because they give more than the statutory hol entitlement anyway. (All employees get 5 weeks plus bank hols rather than 4 plus bank hols)

Is this true? Am I not entitled to these two days because they are above statutory entitlement?

You may be in hospital having your baby on Christmas day.

No I won't because I'm having a caesarean on the 16th.

Hi there Strix I answered you in the ante-natal thread but reading this I am not sure about the specifics of your case ie them being above the statutory entitlement.

DirectGov say 'you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave'.

Also more info here

Do we have to give a woman a substitute day's leave for bank holidays that fall during maternity leave?
The Employment Rights Act provides that a woman is entitled to all her terms and conditions during both the ordinary and additional maternity leave periods (OML and AML), apart from remuneration, as though she was at work. In the case of employees employed under the Green Book, this can be interpreted as meaning that a woman should be given a day's leave for each bank holiday that falls during the OML and AML periods.

The obligation to give a woman substitute leave for the bank holidays that she was unable to take during her maternity leave was reinforced by the European Court of Justice (ECJ) decision in Gomez (see LGE Advisory Bulletin 483). This case concerned a fixed holiday period that fell during Ms Gomez's maternity leave. The ECJ held that a woman must be able to take her annual leave at a time outside her maternity leave. Bank holidays are effectively a fixed day's leave and it is believed that this principle should therefore be applied in such cases.

Don't know if this helps. Hope someoen who knows more can answer for you :)

What exactly does your contract say Strix?

DF, it sounds like they have to give it to me, as your post doesn't say anything about being limited to statutory entitlement.

Flowery, I'm not sure what the contract says. I will check when I get home. But, everyone gets five weeks of hols plus bank hols. So, even if it is not in the contract, would this qualify as an established practice for all, and therefore something I should be entitled to, even when on maternity leave?

Do people accrue the stat min hols whilst on maternity leave, or do they accrue the holidays they would accrue if they were not on maternity leave?

I don't know anyone who didn't accrue both hols and BH, so for example, I get 25 days of holiday per year and when I go back will have 25 days of accrued hols plus 8 days of BH to take.

Mostly larger companies though, so don't know if it's just best practice rather than law IYSWIM.

Strix I'm not sure on the specifics but asaik I didn't get any BH last time, but I did get a full year's AL accrued. TBH it's never occurred to me to ask.

You get contractual paid leave, not just statutory, so as far as I'm concerned yes you should get days off in lieu for bank holidays missed. However depending on the exact wording of the contract, some employers may try to wriggle out of it, and a quick google will reveal various sources of advice still saying you lose bank holidays.

You might want to consider not acknowledging that there is any ambiguity at all. There is a lack of specific official guidance about bank holidays because bank holidays have no separate legal status - they are just paid leave that takes place on a certain conventional 8 days a year.

This for employees and [[http://www.businesslink.gov.uk/bdotg/action/detail?r.s=sc&r.l1=1073858787&r.lc=en&r.l3=1080898273&r.l2=1080898061&r.i=1080898425&type=RESOURCES&itemId=1080902982&r.t=RESOURCES

this for businesses]] both confirm that employees are entitled to all contractual benefits including contractual paid leave during maternity leave. Neither refer to bank holidays at all, which means there is no indication that there is any reason to treat bank holidays any differently. Bank holidays are paid leave the same as the rest of your contractual holiday.

Thank you for that.

I have now looked at my contract and it does say I get 25 days hol in addition to public hols.

However, the contract also says I can not carry on hols into next year, and already have agreement to carry 3 over. So, perhaps, I might be better off if I just let it go.