Bank Holidays while on maternity-anyone?

[FenellaFudge79]

Hi,

I'm hoping someone can help me with a query I currently have apwith my employer.

I'm sorry if this gets asked a lot! If so can someone point me in the right direction please?

I started my maternity in the 7th Feb 14, baby came 12th Feb. I finished for maternity working 4 days a week, 30 hours a week Tues-Fri.
My holiday year is May-April and used my 13/14 entitlement before the 7th Feb.
I officially go back to work on the 22nd Dec but will then take annual leave till the 19th Jan 15. They have worked my annual leave out by pro rata-ing FT holiday entitlement then raking 8 bank holidays and taking off Monday's as I don't work them.

For my Dec pay (been on basic SMP sunce 7th feb) I asked for the April-Aug bh's to be added as I have an email saying they would pay them rather than adding to annual leave.
I have had a reply saying out of the 5 bh's they will only pay 1 as 4 are Monday's and I don't work Mondays anyway.

Is this correct? If it is then fine but I'm not sure. I can't find anything on the net saying either way.

Thanks.

I'm not sure how much this is legally binding (treating PT workers no less favourably?) but this is how it normally happens...

Full time holiday allowance = (say) 22 days + 8 days bank holidays = 30 days
Allowance for someone working 0.8 FTE = 30 * 0.8 = 24 days

Those 24 days (or whatever it works out for you) need to be used to take off any bank holidays which fall on your working days (assuming you have to take bank hols off, otherwise you could choose to work them), as well as any annual leave.

So, maternity. You can't be on maternity leave and on annual leave at the same time. The component of the leave that comes from bank hols is treated no different to the bit coming from "ordinary" annual leave.

Your maternity leave doesn't have any impact on your bank holiday entitlement. You are entitled to exactly the same holiday entitlement as when you are at work, including bank holidays.

Spindelina's example is correct, although that is for holiday over and above statutory.

Thinking about what days of the week you work, when bank holidays fall, etc, over complicates things. Just think about the total. If full timers get statutory minimum 28 days (including bank holidays), then as a 4-day a week part timer you get a total of 22.5 days, including any bank holidays which fall on your normal working days.

They can only pay out holidays rather than you taking them off as leave if you get more than the statutory minimum 5.6 weeks. Anything over and above the statutory minimum can be paid out instead by mutual agreement.