Can I accruse Bank Holidays?

[bluespix77]

Hi
I understand that the legislation around bank holidays may have changed? At the beginning of April I begin my maternity leave and I'm trying to establish whether I am entitled to accrue bank holidays with my main holiday entitlement?
My employment contract states: 'Your entitlement on first employment shall be 25 days paid holiday in any full holiday year in addition to all public holidays that the Trust recognises' Since I began, my holiday entitlement has increased to 28 days following 3 years service.

Any help/comments would be great.

Am pretty sure you don't accrue public hols - as you generally only get them off if you are actually working them? You'll only accrue them if they have been amalgamated into your AL allowance - which it doesn't look as though they have.

I think it depends who you work for. I was entitled to accrue bank holidays along with annual leave during maternity leave. The just had to be taken during the annual leave year they occured so I had to take some of them before my maternity leave started, if that makes sense. I work in the public sector.

I've just noticed you said legislation has changed though, mine was 4 years ago now!

Yes you get the holidays too. Since 5th October 2008 all women on maternity leave are entitled to keep all contractual benefits that other colleagues enjoy for the duration of their maternity leave. The only exception is renumeration (ie pay). So company car (if contractual benefit), child care vouchers, all holidays etc. are kept.

Your employer can dictate that you take certain days as holiday - although we don't really notice because they usually only stipulate that bank holidays must be taken as holiday. Some employers have additional days like the period between Christmas and New Year or the extra days holiday civil servants enjoy.

Think of it this way: you can't be on maternity leave and on holiday at the same time. Therefore if one of your company dicated holidays (eg bank holidays) falls during your maternity leave you are entitled to that holiday too.

i work for the nhs and my contract states that i am entitled to 29 days annual leave plus 8 days public holidays. the 4 public holidays at xmas and new yeare fixed whilst the other 4 can be taken at a time you choose.

Our maternity policy states that you DO NOT accrue public holidays on mat leave and although i have contacted ACAS who have said that this is discriminatory my employer are stating that because i get more than the minimum 28 days they do not allow the accrual of public holidays. so, i will lose all 8 public holidays on mat leave...

moffster - i think you should revisit with your hr dept and ensure the policy has been reviewed in line with the changes made for all babies due on or after 5th october 2008.

your are entitled to them. being an nhs worker, i lost them for my first two babies but the third was due after oct 08 and I got them.

our policy has still not been reviewed in line with the 2008 changes but we are honouring the "entitled to all contractual benefits"

Hi twinklytoes,

Had a face to face meeting with HR today and they are not budging on their policy. still unable to provide an answer as to why these 8 days are not part of your contractual benefits and unless i can come up with something lawful that states the words 'public holidays' they say they only have to give the statutory minimum of 28 days by law. HR contacted the central legal office who have supported the policy. So it looks like i won't be getting any public holidays that fall during my mat leave, which is the whole of the financial year and means i lose all 8 of them. i am now working tomorrow and monday so that i at least qualify for the 2 'public holidays' before my mat leave starts! That's the other infuriating thing as i don't even have to take the public holidays on the actual days as they are now deemed as 'floating' days and if i was still at work i could take them any time during the year! i don't want to take it further in such a small board but don't see what else i can do if they have the CLO behind them now. for anyone who thinks the public sector is more generous its not strictly true!