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NHS mat leave and Bank holidays

1 reply

Sunflowe86 · 22/08/2019 11:20

Hello,

Apologies if this has been repeated elsewhere, I have seen a few threads but they were older ones and I still am confused.

I start my NHS mat leave in 5 weeks, I have just been told (via email from HR) that I can carry over my annual leave but will not accrue bank holidays whilst on maternity leave.

I have looked through my Trusts mat leave document and it doesn't mention bank holidays what so ever, I have also looked in NHS Terms and Condition of Service handbook, section 15: Leave and Pay for new parents and this is what it says:
Annual leave and public holidays

15.93 Employees on paid and unpaid maternity / adoption / shared parental leave retain their right to the annual leave and public holidays provided by Section 13 or such other terms and conditions as such be applicable to the employee.

15.94 Where unused annual leave and public holidays exceed local provisions for carry over to the next leave year it may be beneficial to the employer and employee for the employee to take the unused annual leave and public holidays before and/or after the agreed (paid and unpaid) maternity / adoption / shared parental leave period. The amount of annual leave and public holidays to be taken in this way, or carried over, should be discussed and agreed between the employee and employer. Payment in lieu may be considered as an option where accrual of annual leave and public holidays exceeds normal carry over provisions, providing this would not cause a breach in the Working Time Regulations 1998.

Am I reading it wrong or does this imply bank holidays are included with the annual leave that is taken over till the next year? Does this handbook trump my local policy?

Any help would be much appreciated as I have found HR to be most unhelpful with questions I have asked previously.

Thanks

OP posts:
Weejo39 · 05/09/2019 20:14

I think you've been ill advised. I'm a nurse manager who has been on Mat Leave ahnd currently have a nurse in my team on ML. You will accrue all holidays and PH during your time off on mat leave. You can add them onto the end. Go back to a different HR advisor and ask again.

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