'discretionary' leave in maternity leave

[MermaidCafe]

I am due to take Mat Leave from August. Where I work every employee is given 4 days off of 'discretionary' leave that have to be taken between Christmas and New Year. I have been told I won't be entitled to these whilst on maternity leave, I had been expecting to add them to my annual leave entitlement. This feels wrong and discriminatory as if I wasn't on Mat Leave I would be entitled to them? Its the equivalent of a weeks pay to lose, so I want to make sure I don't lose it if they are wrong (its a small company with limited HR experience). Any help much appreciated.

You are going to be off anyway?
The days are discretionary so no you can't add them to your entitlement.

It depends what it’s discretionary for. If everyone gets them (ie the office is closed so it’s a bonus) I would say no as you won’t be taking them at that time. However, company has to be careful.

I think the clue is in the term “discretionary”. But - employers can not remove benefits from women on may leave eg: Car, phone, pension. I guess it depends on what discretionary means. I suspect it means it’s not part of your contractual leave, and they can allocate as they see fit. You could give Maternity Action a ring fir advice.

Some of the answers above are wrong. If all other employees get these discretionary days as paid holiday you are also entitled to them. They may be discretionary as to whether or not anyone gets them but they cannot use the discretion to discriminate against employees on maternity leave.

Thank you for your replies. It's the equivalent of a weeks pay so it does matter and does discriminate against people on maternity leave. I will call the people recommended above thank you.

Prh47bridge - that's my feeling too - but I'm coming a bit unstuck in how to evidence this to my employer. Any ideas?

I wouldn't expect to get them if its for a shut down, but otherwise yes, you should get the same benefits as everyone else

Are they written in everyone’s contract? Do people have to take them at the same time because the business shutdowns?

OP the key thing to argue for, as prh states, is the point about Equality.

You are simply asking your employer for equal treatment compared to your colleagues which is a reasonable expectation with the Equality Act in force. They can argue all they like that these are discretionary days, but if their discretion is used to discriminate on women (sex) and on your pregnant status because you need the time off for maternity (there's two protected characteristics they're using against you) they are in the wrong.

Obviously, start as a lite-touch informal and measured conversation, then if they continue to maintain their position, put it in writing and state you tried to do it collaboratively, but feel you need to formalise the conversation. It may just make them think again....

Be clear you are not asking for them to pay you for those days, as that would be pushing the point too far. You will need to meet your employer half way, lose the battle to win the war as they say.

What you are requesting is for those days to be added to your annual leave to be taken at a different time because they would be lost due to you being on Mat Leave at the time when they would be taken by other staff.

‘Discretionary’ doesn’t mean ‘can withhold them from people on maternity leave. In this case it means ‘employer doesn’t want to be tied to giving these days every year’.

OP you are entitled not to be treated less favourably because of your pregnancy/maternity leave, and because of that, you continue to be entitled to benefits (other than remuneration) throughout maternity leave, and accrue annual leave as normal. Giving extra days paid leave to all staff except those who are on maternity leave would be treating you less favourably.

Had this in my Company too. Looked into it and was told that staff only got the days off if they were scheduled to work those days . If they weren't they were not entitled to 3 extra days so staff on hols or on any type of leave won't get those days.