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Original poster

please can someone help - advise needed re NHS, bank holidays and mat leave

20 replies

fledtoscotland · 13/05/2009 19:19

I have been on mat leave from aug 11th 08 til may 11th 09 with DS2 and my manager has just said that I owe them 8 days (60hrs) annual leave back as i'm not entitled to public holidays whilst on mat leave.

i understood that it was a contractual benefit but my manager says that under agenda for change, you dont get bank holidays on mat leave. i phoned the RCN and they have told me that agenda for change doesnt say anything about bank holidays but because i had the hours added to my entitlement on my last mat leave (june 07 to march 08) the trust has set a precedent and give the hours this time.

i have handed my notice in and start a new job on 1st of june but these 60hrs would mean that i dont have to work out my notice.

can anyone confirm if bank holidays are a contractual agreement, if agenda for change has changed bank holiday entitlement from the whitley scale and what i should say to HR when i phone them in the morning

TIA

OP posts:
twinklytoes · 13/05/2009 21:01

I'm claiming mine pro rata this time (pro-rata of those whilst i'm on leave) and enhanced annual leave (service related) but i didn't with my other pregnancies but i only got basic annual leave and not my enhanced for service.

I'm thinking that this has to be honoured for all babies due on or after oct 5th 2008 as new national mat rules were implemented.

still waiting to have this authorised though but i did get confirmation from hr that i could do this.

Original poster
fledtoscotland · 13/05/2009 21:09

twinklytoes - thanks

what do i say to HR then in the morning? what are these new mat rules? how are you approaching your trust to claim them back? i will still be entitled to claim back 6 days (45hrs) from the 5th october to date

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twinklytoes · 13/05/2009 22:27

sorry went away..

I just forwarded the link regards the new rules that flowery linked too with an email stating can I claim leave plus b/h at 10+yrs service.

can't remember the site but will search archives for it.

hang on

Original poster
fledtoscotland · 13/05/2009 22:50

have got to go TT. could you send me the link please? i dont have the cat facility but my emails is kab0901 @ yahoo . co. uk

TIA

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AmpleBosom · 14/05/2009 20:23

I also work for the NHS, I asked this question of the HR maternity leave person and she is saying that i'm not entitled to bank holidays whilst on maternity leave.

She has asked me to send her an email with any links which support my claims. I can find some stuff on the internet but not from what she would probably see as reliable sources. She tells me she has just updated the maternity policy (Making relevant changes relating to the new rules introduced in April 2008 )and is waiting for it to be ratified, this would mean her altering it .

Has anyone found anything which i could quote or refer her to? I have posted this on another thread similar to this but thought this thread might be better

magentadreamer · 14/05/2009 21:54

I was on Mat leave prior to agenda for change and I got all BH's whilst I was still being paid. I took a year off and think I had 7 months unpaid leave - it was a long time ago. I shall ask a colleague who has recently had a baby tomorrow.

Original poster
fledtoscotland · 14/05/2009 21:57

I can find stuff that says we retain contractual benefits whilst on mat leave as of 1st october 2008.

and have found this about mat leave and bank holidays www.eef.org.uk/UK/whatwedo/hrlegal/features/uk/What_about_bank_holidays.htm

my understanding of this is that because i was paid bank holidays on my last mat leave the trust therefore has to pay them again (see the last paragraph)

am hoping flowery will be along soon to explain the details to me

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flowerybeanbag · 14/05/2009 22:39

No idea what anyone's contract says, but the law is clear that during maternity leave you get all your contractual benefits, including all your contractual entitlements to paid holiday.

So if your contract says you get bank holidays off paid, then you get them while you are on maternity leave as well. Simple as that.

Bank holidays aren't any different in employment law terms from other holidays.

Rights and benefits during maternity leave.

Original poster
fledtoscotland · 14/05/2009 22:51

thanks flowery. my contract doesnt mention bank holidays at all. because i'm expected to work them (or be available to work) i get 8 x 7.5hrs added to my annual leave entitlement over the year.

they are saying that I owe them 6 of those bank holidays back. Agenda for change doesnt say anything about bank holidays and because i was paid them on my last mat leave, the RCN (union) say that the trust have set a precedent and should give me the bank holidays again.

HR say that they only have to pay me AL during mat leave not bank holidays.

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flowerybeanbag · 14/05/2009 22:56

Well as you will see from the link, there is no distinction made between annual leave and bank holidays. It's all paid holiday. If your contract says you get x amount of paid leave (regardless of the reason), then you should get it. The precedent is obviously also helpful.

Original poster
fledtoscotland · 14/05/2009 22:58

thanks flowery. will print that off and give it to them.

the trust i work for are the pits and have had numerous examples where they believe they are above employment law.

i cant be bothered fighting them and cant wait to start my new job with another trust on 1st june. these bank holiday hours will make the difference between me having to in to work my notice or staying home.

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treedelivery · 15/05/2009 01:17

You should also find and read the nhs employers handbook - it is easy to google. It is the rules and regs the employers [trusts in your case] must adhere to.

The full agenda for change is on the nmc sit etoo.

You are entitled to your bank holidays, I'm as sure as I can be without looking it up.

treedelivery · 15/05/2009 01:23

Page 68 - annual leave is yours. This is the rule www.nhsemployers.org/SiteCollectionDocuments/afc_service_handbook_aw_010708.pdf

twinklytoes · 15/05/2009 12:49

sorry I didn't get back - my pc went a bit haywire and I lost connection till now.

glad flowery has popped in with the link.

good luck with your new job

Original poster
fledtoscotland · 15/05/2009 15:38

treedelivery - i cant find page 68. have looked at the mat leave section and it only refers to annual leave not bank holidays. thats what HR are saying. that bank holidays arent annual leave and therefore i'm not entitled to them whilst on mat leave.

which particular section are you referring to?

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treedelivery · 15/05/2009 15:53

Well, I took annual leave to be bank holidays. I know that we are entitled to all the bank holidays that occur whilst in the employment of the trust.

So I started in Nov, I don't get Aug BH. You are in employment and so get all the BH that occur whilst in employment, that is the policy. As the handbook does not clearly stipulate the exemption og bh, they can't do this imo.

But I haven't read it through - let me now.

treedelivery · 15/05/2009 15:55

Also see point 15.47 I really think they cannot do this you know. Have you a union?

treedelivery · 15/05/2009 15:57

Plus section 13 outlining holidays makes no mention of BH being excempt. There having a go imo.

flowerybeanbag · 15/05/2009 17:25

15.47 - 'During maternity leave (both paid and unpaid) an employee retains all of
her contractual rights except remuneration.'

It's a contractual benefit; it's paid time off that you are entitled to under your contract.

Original poster
fledtoscotland · 15/05/2009 18:48

thankyou so much flowery and treedelivery

will speak to line manager and HR on monday with a printed copy of the AFC handbook and this thread

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