A slight twist on the usual BH and Mat leave query

[AuntieBacterial]

Hello

My question is about the statutory minimum days off employees must have per year, and how that works with Maternity Leave.

My employment contract is one that doesn't allow for Bank Holidays to be awarded to employees during maternity leave, so after a year's mat leave I just got my normal holiday entitlement of 28 days to take between Sept and December.

I took the bulk of my leave straight after my maternity leave but I still have 5 days to take over Xmas. My boss is considering cancelling my holiday over Xmas, because of unanticipated business priorities so I want to know where I stand. It occurred to me that if I can't take the 5 days over Xmas, I will only have taken 23 days leave + 2BH (Christmas) this year, which is 25 days not 28 days. But I'm not sure whether the BH's during my ML would count towards the 28 days.

Does anyone know whether the BH's that occurred during my Maternity Leave (Jan to Aug) would count towards my statutory 28 days leave for the year? As I wasn't at work, I didn't really get time off for these days.

Any ideas?

DirectGov Link to Info on Holiday Entitlement

Bank holidays can be included in your 28 days
Employers can control when you take your holiday, so your boss can cancel holidays if there are good business reasons to do so - as long as he gives you adequate time to take those holidays before the end of the holiday year.

you need to check on your own contract, whether it says '28 days plus bank hols' or '28 days inc bank hols'.

You won't have taken leave for bank holidays during your maternity leave, so it's just whether you are entitled to accrue bank holidays during maternity leave and what happens with leave not taken by the end of the year.

What does your contract say about both those things?

Hello

My contract says 28 days plus bank holidays. We can carry 2 days over, but anything in excess of that is lost.

I had booked the last 5 working days of the year as holiday, so if this is cancelled then I won't be able to take my holiday before the end of the year.

Absolutely understand that my holiday is at my employer's discretion, but I was just wondering where I stand if cancellation of my holiday leaves me short of the 28 day statutory allowance for the year.

You must get 28 days but in terms of the Working Time Directive as long as you actually take at least 4 weeks, you're fine, and can carry over the rest.

So if your employer cancels your holiday and doesn't allow you to carry it over, that's a contractual thing rather than a WTD thing.

My personal view is that you should be entitled to days in lieu of bank holidays missed, as you are entitled to contractual benefits and to accrue paid leave during mat leave as if you were at work. However lots of employers don't allow that.

In terms of your 28 days, my approach would be to say that if your boss cancels those holiday days, request that he/she specifies when you can take them instead.