Should Bank hols be paid when on mat leave when claiming MA?

[lostsoxs]

Hi,

Can anyone answer me this question?? I cant seem to find the answer anywhere!

I am going to be claiming MA cos cant get SMP but i wondered if my employer should be paying me for Bank hols when i am off on mat leave? I know i accrue holidays but employer stating that i am paid for bank hols on a pro rata period for the actual months i work and not during mat leave. (i only work part time so bank hols are pro-rata anyway)

hope that makes sense.

TIA

lostsoxs have you found this interactive tool? You put in your own personal information and it tells you everything you are entitled to. Give it a whirl!

Thanks Flowery.
Have used it but it doesnt mention the bank hols. I am beginning to think it is more to do with individual employers and their package of benefits.

No, you lose bank hols. If however your firm has a 'shutdown' where you are forced to take holidays at particular times, and you are on maternity leave at that time, then you can keep those holidays accrued to use later. That might be on the Maternity Alliance website, I remember it as the case had just gone to court in the mother's favour when I was going on mat leave.

flibberty is right. During additional maternity leave (the second 6 months) you only accrue statutory holiday, which is currently 20 days for a full time week, will increase to 24 days in October.

What that means is that if your company's holiday entitlement means that bank holidays are included in the 20 or 24 days, i.e., you don't get them on top, then you would get them during your additional maternity leave.
If you normally get bank holidays as well as 20 days (or 24 from October) then you will only accrue them during your ordinary leave.

Does that make sense? I was hoping the DTI interactive tool would explain it better!

My company didn't do accrual of bank hols during ordinary mat leave, and my ord mat leave took in easter, may bank hols and the august one last time!
We only accrued actual annual leave holiday entitlement. There were a few of us all preg at the same time so the HR manager went through all the entitlements with us at a group session and the bank hol question got covered. I worked for a govt agency that was also an advice agency for small businesses so we had to be absolutely correct in every thing legal and entitlement wise.