Annual leave accrual during maternity leave

[Morred]

I'm hoping someone can help with a query about annual leave entitlement during my mat leave.

I usually get 25 days' holiday + 8 bank holidays + up to 5 'closure days' (when the whole business shuts).

The wording of the annual leave policy says 'annual leave entitlement for staff excludes the bank holidays / closure days' but that 'if staff work full-time, they are entitled to a paid holiday on each bank holiday / closure day'.

During my mat leave, they won't pay the bank holidays or closure days and will allow me to accrue the 25 days' annual leave entitlement. Bank holiday / closure days are "remuneration" not a contractual entitlement and I'm only entitled to the latter while on mat leave.

This would seem fair enough except statutory minimum annual leave for full time workers is 28 days. I think they should allow me to accrue 28 days' holiday, not 25, otherwise I'm not receiving the statutory minimum while I'm on maternity leave. (When I'm not on maternity leave, I end up the full 28 days because of the closure days adding on to my 25 annual leave days.)

Have I missed something?

It sounds like your employer's annual leave policy is illegal. It appears to treat part time staff less favourably than full time staff which is not allowed. It also appears to be structured so that part time staff may not receive the statutory minimum.

As far as maternity leave goes, you are entitled to the same paid holidays you would have received if you had been working. They should allow you to accrue at least 33 days (25 days plus 8 bank holidays). You should also be allowed to accrue any "closure days" that happen while you are on maternity leave.

Thanks - that what I thought but HR seem to think they've got out of that by not calling bank holidays and closure days 'holiday entitlement' (despite it being paid holiday we're entitled to...). But even if that's the case, I can't be entitled to less than the statutory minimum.

Part-time staff are entitled to bank holidays and closure days pro rata so I think they probably do manage to scrape throught the legal requirements there.