Do I accrue bank holidays while on maternity leave?

[SayHelloToMyLittleFriend]

My contract of employment states that I will accrue holidays as normal during my maternity leave so I'm assuming I would be entitled to them?

I was in my work on Wednesday where it was confirmed that I have been made redundant. Along with redundancy pay it had outstanding holiday pay of one day. I asked if I'd be paid bank holidays and also a 5 year day (we get an extra days paid holiday after working for 5 years) but she didn't think I would, although said she would check and get back to me by the end of the week. I doubt she'll call me back as during the meetings before redundancy was confirmed I asked her a few questions and again she said she would get back to me and never did so I'm thinking I'll call this afternoon. Just wondered if this is right before I call them?

Thanks

Sorry, one more question if anyone can help. I worked full time for 4 years then part time for less than 2 but my redundancy pay is based on my part time wage. Is this correct? She also said she would check this.

You should get all the things you would get if you weren't on leave. Ie bank holiday pay, generic pay rise etc. If something applied to all your colleagues it applied to you to.
Not sure about the last bit, sorry

Yes. I got all my annual leave days and bank hoildays as well when i was off

Thanks, hopefully I'll get them then!

Sorry, that's not quite right - you don't normally accrue bank holiday during mat leave but you should certainly get other holiday.
And yes, normally any severance pay is based on the salary you are receiving at the time you are given notice

Yes it is right to calculate on your current contract and salary, which is part time, unless you have some special contractual redundancy pay that is more favourable. Although that is unlikely to be the case ime.

Regarding bank holidays if the wording is that you accrue holidays "as normal" then yes, I would expect that to include bank holidays. Since 5th October 2008 all contractual benefits have to be maintained through out maternity leave. There is nothing special about bank holidays if they form part of your normal holiday allowance.

As a part time employee your holiday entitlement may already have been calculated to include bank holidays. Eg full timer gets 25 days plus bank holidays (usually 8 days) per year = 33 days. If you work 0.5 full time hours you get 16.5 days leave in the year. If you are due to work a bank holiday you take it out of the 16.5 days, or work a day in lieu. Now because you won't be at work they should calculate your annual holiday and deduct any days actually taken off by you (eg not on maternity leave. You cannot be on maternity and annual leave at the same time) and pay you the balance.

If you have accrued the extra day for length of service you should get that too. Have you definitely reached the 5 years required?

I would write to them. Less chance of getting fobbed off or someone failing to understand what you're asking.

I'll post you some links in a minute.

Sayhello what does your contract say about holiday pay so I can check your entitlement properly?

Link about holiday and maternity leave here: www.businesslink.gov.uk/bdotg/action/detail?itemId=1081597918&r.i=1081597934&r.l1=1073858787&r.l2=1084822795&r.l3=1074414642&r.s=sc&r.t=RESOURCES&type=RESOURCES

Thank you, that's really helpful and links also would be great. I'll have to look out my contract to double check exactly what it says too.

I've reached the 5 years now, it will be 6 years in May so if I'd been working still I would have been given the extra days paid holiday.

As far as I can see the one day they've said I'm due is for this year so far (we accrue 2 days for every full month worked so the one day makes sense for me as I'm only in part time).

Thanks again for your help.

Should have said, I work 2 full days (16 hours) per week.

I queried this with HR at my company, and they initially said 'no'. Rather than arguing my case, I asked if they could argue theirs and tell me exactly where in the policy it said bank holidays were to be excluded, and what the rationale was.

After a few weeks, they confirmed I could have my bank holidays, so I now get them added on to my annual leave allowance when I return.

So I suggest you put your request in writing, await the answer, and then ask for clarification when they say no. If all else fails, the union rep might know the answer as well.

Well I can't even find my contract to double check what it says exactly but I'll find it or get another copy. If they don't phone me today then I'll put in writing.

Thanks again for all the advice.

Yes absolutely bank holidays would be accrued. You are entitled to all contractual benefits including contractual paid leave, and the fact that some of this is normally required to be taken on bank holidays doesn't mean your employer can refuse it to those on maternity leave who happen not to be in the office at the time.

But it's accrued leave rather than pay, for the avoidance of doubt, so it's not about being entitled to be paid for a bank holiday while you're off, it's about accruing leave.

OP it's not clear, are you on mat leave now/being made redundant mid/end of mat leave?

Sorry if that didn't make sense. I'm on maternity leave already and was due back in a few months but they have now made me (and others in the company) redundant. So I am being paid for my outstanding holiday pay (they say it's one day) but I wondered whether I would be paid for bank holidays.

Should add, they said I'm being made redundant as of 17th March but they will pay my remaining maternity pay to me weekly.