Bank holidays accruing during maternity leave

[Hopesandsunshines]

I work full time 5 days per week going on Mat leave. My employer says that I only accrue 22 days of annual leave in 2025
as per contract is 22 working days of paid holiday and entitlement to the 8 statutory holidays Friday, Easter Monday, May Day, spring holiday Monday, summer holiday Monday, Christmas Day, Boxing Day and NY.

they won’t carry over the bank holidays to after maternity or allow me to take them before the maternity.

they say they expectation is that bank holidays are to be taken on the mentioned days in the contract and legislation in this case states that bank or public holidays don’t have to be given as paid leave. An employer can choose to include bank holidays as part of workers statutory annual leave, therefore bank holidays have to be taken on those days at this time in the role according to the contract.

they say Im still getting the bank holidays as I am “off” on maternity, and that im getting paid the SMP sum.

if I was not on maternity leave I would be getting my full day rate on the bank holiday.

im under the impression that you can’t be on Statuory annual leave whilst on maternity leave?

and that for a full time employee statutory annual leave is 28 days? But I’m only getting 22?

Im I wrong?

From the ACAS website:
acas

You are right.

Agree with the PP. You are right. They are wrong and are breaking the law.

You should be entitled to accrue your bank holidays when on maternity or long term sick. I'm a manager and also on mat leave so very aware of the process.

They have to pay you the bank holidays if they do t let you take them before/after. While I was on maternity those months with BH I got paid more.

ACAS advised to raise a a formal grievance and that if that does not resolve it to get back to them for early conciliation. It sounds like a long process, I already feel very stressed just with the whole pregnancy. Has anyone been through this? This is my second maternity with the same company and first one only got 22 days as well but they claim I got bank holidays whilst on maternity as I was off on SML and got paid the SMP rate

They are under the impression that they are paying me as I’m being paid SMP and that I am already off because I am “home” This does not sounds right as if I was at work I would get my daily rate as opposed to £36 or whatever the day of SMP is.

They are wrong. As per my previous post, they are breaking the law. It may be a long process to get it sorted if they insist on taking it to tribunal, but hopefully they will give way as soon as they get some proper legal advice.

I am in the same similar boat as you. I am due to go on maternity leave in March, telling my managers that my last working day is Friday 21st March. I wrote them an email asking can I add my holiday that I will build up this year, onto the end of my maternity, plus bank holidays.
As of yet they haven't got back to me, but I have done my research and as far as I'm aware you are allowed!
I work Mon-Fri, and I get 25 days holiday.

My query is, I get paid to be off over the Xmas break, usually a 2 week period and I get a Xmas bonus.

Does anyone know if my usual paid time off over Xmas will be included while on maternity, and would I still get my Xmas bonus? I'm assuming it's down to them as it's a 'perk'.. ?

I have been with the company nearly 8 years, so hoping they offer me enhanced maternity pay, but as of yet they haven't come back to me with an update on anything. They have never had anyone in the company go on maternity, so guessing they need to do their research.

When is the latest they can come back to me with everything?

Thanks in advance.