Maternity leave- extra holiday pay

[Binkster]

Hi,

I've searched for an answer on this, but can't quite find what I'm looking for.

Basically, under my contract, I get 28 days leave a year (8 of which I take as bank holidays). The contract also says that the office is closed between Christmas and New Year, so we also get 3-4 days at this time, depending on when Christmas falls (this is all paid).

So when we have a baby (soon hopefully!) I realise that while I'm on maternity leave I accrue holiday at the normal rate (28 days). But my question is- do I also accrue those extra 3-4 days that I would have got as paid holiday had I been at work, if I'm on maternity leave over Christmas?

Binkster

I think it depends on who you work for. am currently in "discussions" with my HR (I work for the NHS) as they have deducted 65hr annual leave from this years entitlement since they dont think they have to pay bank holidays.

i would check with your HR or your contract to see how it is worded.

I work for a private company. I found this: www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityri ghts/DG_175088 which I think seems to cover my usual holiday- but it's just the way my contract is worded. It still says that we're entitled to 28 days (20 + 8) even though technically we end up with around 32 as we get those extra few days.

Good luck with getting your bank holidays.

Am sure flowery or someone else properly qualified will be along soon but i do know the laws re mat leave changed last october and now retain all contractual benefits when on mat leave including holiday pay.

thanks for wishing me luck. i only have 2 weeks notice left to work before i start my new job and can finally see light at the end of the tunnel

Hmmmm. I don't think this is necessarily as clear as bank holidays. I would want to know exactly what your contract says about Christmas shut down before commenting really. The latest legislation ensures that women on maternity leave continue to benefit from contractual benefits, but I think it may be possible to have shut down at Christmas and New Year and argue that it isn't a contractual benefit, depending on how it is worded.

Do you have your contract?

Thank you flowerybeanbag. It says 'the office closes for 4-5 days over Christmas. These days will be given to you in addition to your formal 28 day allowance'.

I think you've got a good argument then. There are no provisos, get-outs or other ambiguous language in there, it clearly says that you will be given those days as well as your annual leave entitlement.

Thank you!