NHS Maternity Bank Holiday Accrual

[Smp2410]

I realise there must off been a lot of talk about this previously but is anyone able to help?HR unsurprisingly are saying that I don't accrue bank holidays while on maternity leave- is anyone able to provide me with any form of written down evidence that I am entitled to accrue bank holidays??

I just don't understand how so many NHS Trusts can have different policy's!!

They don't have a legal entitlement to give them to you

Bank holidays - Bank or public holidays do not have to be given as paid leave. An employer can choose to include bank holidays as part of a worker’s statutory annual leave.

Direct.gov

You are entitled to the same terms and conditions as you are when at work. So if you get (say) a total of 32 days paid holiday including bank holidays while you are at work, they can't reduce your paid leave entitlement because you are on maternity leave.

You don't need specific information saying you are entitled to accrue bank holidays. There is plenty of information saying you are entitled to accrue contractual paid holiday. Your HR department need to provide proof that there is an exception for paid leave normally taken on bank holidays. They won't find that proof because there is no exception.

If you are contractually entitled to a paid day off for bank holidays, then those are your terms and conditions and they can't take away that contractual paid leave from women who happen to be on maternity leave. That would be treating them less favourably, which is unlawful discrimination.

They do - I've just received back pay for mat leave in 2008 which was without bank holidays.

A basic googles shows
www.ruh.nhs.uk/about/policies/documents/non_clinical_policies/black_hr/HR_103_Maternity_Adoption_Parental_Leave_Guidelines.pdf

And

www.unison-scotland.org.uk/news/2013/mayjun/0606b.htm

Hi,

I have worked for the NHS for 18 years and had accrued bank holidays for maternity leave I took in 2004 and 2008. I do remember, however, reading that the NHS was stopping this. I have also read on our maternity policy that bank holidays are no longer accrued whilst on maternity leave. I guess it is yet another way they can save money!

I was told I could not accrue them when on mat leave in 2007-8. I never understood why not.

Are you able to access the maternity policies and procedures documents on your intranet. Ours clearly says that bank holidays are accrued and I have double checked with HR.

Does it depend on the NHS trust? Is it role dependent? Or was it all in line with AfC?

I've just returned from mat leave, frontline NHS staff so obviously no shift work undertaken in a while, accrued full A/L but told not bank holidays. Some clarification would be good.

Ask for a copy of your Trust' Mat leave and Annual leave policies.
Are you in a union, they'd be able to help?

" Add message | Report | Message poster MorphineDreams Fri 25-Jul-14 14:08:06
They don't have a legal entitlement to give them to you"

No but surely if they give them to people not on maternity leave then not to do so would be indirect sex discrimination?

I'm not sure to be honest. If it was like my old work place were we received extra days holidays instead of having bank holidays off I would say yes but I'm confused with this one. I suppose men on paternity leave wouldn't be entitled to then either.

After further reading I think you'd be better off speaking to cab and having a look at your contract. I hope you get them!

It wouldn't be indirect discrimination to withhold a contractual entitlement to 8 days paid leave from women on maternity leave, it would be direct discrimination.

Lots of people are helpfully suggesting checking your employer's maternity policy, but your employer's maternity policy isn't the best place to find out your statutory rights.

The maternity policy says there not accrued but I have a couple of friends on maternity leave at other trusts which are currently accruing them.
I'm trying to argue with with HR but even getting a response is proving difficult! I've spoken to my union rep who seems to think I'm right but thinks we'll have a bit of fight on our hands as AfC doesn't specifically say we should be accruing them! Any help greatly appreciated!

As I said earlier, it's not internal policies that are relevant here, or AfC in your case, as those documents do not override the law, and neither do they have to specify everything. Just because a specific benefit is not listed in AfC doesn't mean you don't get it during maternity leave.

You are entitled to your terms and conditions and contractual benefits the same as if you are at work. There is no exception in law specifying that you are entitled to all your contractual benefits except paid time off for bank holidays.

If they give you 8 fewer paid holiday days because you took maternity leave than you would have had if you'd been at work then that is treating you less favourably and is unlawful discrimination. So put in writing that you would like confirmation of the correct total number of days paid holiday you have accrued during maternity leave and if this figure does not include the bank holidays you are contractually entitled to you will raise a grievance on that basis.

Thanks
I'm just starting gathering all the evidence I can because I think it's going to come to a grievance-more because they just seem to be ignoring me hoping I'll go away.I'm just determined that there not going to get away with it!
Do you know of any of the specific laws I can use as a reference? I just want to have all the answers in place that I can refer them to straightaway