Maternity Leave and Bank Holidays

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Can anyone advise on whether you are entitled to accrue Bank Holidays when you are on Maternity Leave in the same way that you accrue annual leave? I think yes but my HR Department has said no.

I sent this link to them. They didn't comment on it directly but said verbally that because it is their policy not to allow bank holidays to accrue in the case of long term sickness, the same would apply to maternity leave, and in an e-mail that "you do not accrue these [bank holidays], as you have your annual leave". I don't really understand either reason.

Does anyone know any more about this, or have an opinion on whether/how I should pursue it? It would mean another 5 days of paid leave which I am reluctant to lose if I am entitled to it.

I am accruing bank holidays whilst on maternity leave and am pretty sure it's law. In no way should maternity leave be classed the same as sick leave when it comes to these things either.

Yes you do, you get the same as if you were at work. Pop over to employment issues, there are some fab HR bods you cam help you.

I work for the NHS and in my PCT we do not get bank holidays when on maternity leave only your standard annual leave.

xx

I would imagine it's whatever's written in your contract, so if it says 'you are entitled to 20 days plus statutory bank hols' then that is what you are entitled to accrue on your maternity leave. (This is not a legal POV by the way, just what I had always assumed.)

I don't accrue them, but I do get paid for them while i'm on sat mat leave...handy!

I work for the BHARAT and I do get them for what it's worth. I checked specifically!

What the heck! Autospell check error... Read NHS not BHARAT. What even is BHARAT?!

I work for NHS and don't accrue BH but obviously you continue to accrue other A/L- it's true that you don't get a day off in lieu if you are off sick or on a day off for a BH and the same applies to being on mat leave
It will prob depend on your employer though- fingers crossed you are entitled to them!

I work in retail and don't normally get bank holidays - I am expected to work, so didn't take them into account when calculating my holidays during mat. leave, however, HR told me I had missed them out so I got 8 extra days added on.

At my place of work, bank holidays are treated as part of your holiday entitlement, so I will be entitled to accrue these when I'm on mat leave. In other places though, it will be additional to your holiday entitlement, and only allowed at the discretion of your employer, so you won't be entitled to accrue them. So the answer is that it depends on what your contract says.

Your HR team sound a bit crap if they can't articulate their reasons better than that.......

Thanks very much indeed for all the responses. Agree that HR have been crap at explaining this, treats. Interesting that NHS is not consistent.

I've just checked my contract and it says "you will be entitled to receive your normal remuneration for all Bank and Public Holidays normally observed in England and Wales and to a further 31 days holiday in each holiday year."

I'm guessing this is not in my favour as it suggests that Bank Holiday entitlement is the right to remuneration rather than leave, and renumeration is the one benefit that you are not entitled to during Maternity Leave.

Thanks for tip about putting this in employment issues LoveBeingKnockedUp - will try to get it moved.

Hopeful bump for any HR experts. Does it sound as though it would be worth pursuing, or do they get out of it by referring in the contract to remuneration rather than leave with regard to Bank Holidays?

That's not in your favour, no. As you know, you are not entitled to remuneration during maternity leave, only to contractual benefits including leave.

There is definitely an argument to be made as effectively it is paid leave. They are saying you are entitled to remuneration on those days, but actually you are entitled to take paid leave on those days, not just to get paid.

The link you sent them is guidance for Local Government Employers and is quite clear that they should allow paid leave in lieu of bank holidays for employees under Green Book terms and conditions. Is that you?

Thank you very much flowery. It's a support staff position in a Further Education College: I would have thought that this falls under local government employer guidelines (my pension is a local government one), but the advice I received from HR was that the Green Book does not apply. However I didn't get an explanation as to why this was.

I have been dealing with an HR assistant who wasn't sure of the situation but who has taken advice from the head of HR and (after several rounds of chasing from me) passed it on to me by phone. Do you think I should contact the head of HR direct with the LGE link?

Yes I do, get it from the horse's mouth exactly why they are intending not to follow those guidelines - something you're not going to get when it's diluted throught a junior member of staff without the appropriate knowledge or decision-making capacity.

Thanks very much indeed flowery. Will send an e-mail to HR director and see what she says.