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Maternity leave and holiday entitlement

8 replies

overit2021 · 24/06/2021 00:55

Ok so I'm due back into work mid October, my contract states 25 days holiday plus 8 day paid.

I've asked and been informed I will be entitled to my usual 25 days holiday plus Christmas day and Boxing Day.

Going off the ACAS website I should get minimum of 28 days as this is statutory however looks like I'll only be entitled to 27?

I was informed bank holidays wouldn't accrue on mat leave as they are paid in line with statutory pay, am I missing something obvious and that what I've been told is correct?

Thanks in advance

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overit2021 · 24/06/2021 05:38

Hopeful bump x

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SadieSue29 · 24/06/2021 05:54

You should be entitled to your 25 days holidays plus the bank holidays that have occurred whilst you have been on maternity leave.

Where I work holidays run April to April so would need to be used between when you return and the start of new holiday period unless they allow you to carry a certain amount over in to the following holiday period.

MaMaD1990 · 24/06/2021 06:24

@SadieSue29

You should be entitled to your 25 days holidays plus the bank holidays that have occurred whilst you have been on maternity leave.

Where I work holidays run April to April so would need to be used between when you return and the start of new holiday period unless they allow you to carry a certain amount over in to the following holiday period.

Same for me. Have you looked at the holiday and mat leave policies?
overit2021 · 24/06/2021 09:05

Thanks @SadieSue29 that was my thinking but they seem to think they're right and that I should only get the 25 days, I'm not sure how to argue this without looking difficult

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juneybean · 24/06/2021 09:07

We add any bank holidays that occurred during maternity leave to the entitlement at the end, as we only pay SMP and you are entitled to full pay for those days.

overit2021 · 24/06/2021 09:44

It's SMP so no enhanced, I'm just not sure how to approach this

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juneybean · 24/06/2021 17:45

I think it is something that people don't think about (even myself as a standalone hr, I came across it by accident) so I would just send a polite email and say as per my contract I am entitled to bank holidays at full pay, so will happily take the amount that occurred during my maternity as extra to my allowance or paid in full upon my return from MAT leave. It'll at least give the hr person a kick up the arse to google it haha.

overit2021 · 24/06/2021 19:06

@juneybean thank you! I think that's what I will do and maybe copy the ACAS page I've been looking at so they know where I am getting my info from, I just didn't want to be labeled as difficult! I only wanted to make sure I got the statutory 28 days!

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