Holiday entitlement during Maternity Leave

Pippaki

Hi All,

I have worked in my current workplace for over 10 years. My annual holiday entitlement is 25 days + 8 bank holidays.

I am now just over 24 weeks pregnant and had a maternity chat with HR. They told me that during my maternity leave my holiday entitlement will be changed to 20 days + 8 bank holidays. I was just wondering if this is correct?

Have checked the direct.gov.uk site and from what I understood is that the only thing that should change is my salary and all benefits should remain the same?

Can anyone please advise? They have asked me for a meeting tomorrow. I have checked my contract and it does not say anything about changes because I am on maternity leave?

Thanks
Pippaki

Simstwins

I've just found this on the business link website:
Accrual of annual leave

An employee continues to accrue both their full statutory annual leave entitlement of 5.6 weeks and any additional contractual entitlement throughout both ordinary maternity leave (OML) and additional maternity leave (AML).

Perhaps they are 'trying' to let you have just the statutory leave, and not the additional leave you have (statutory minimum is 28 days). Check your contract in regards to holidays- if the additional is detailed in there, then my guess would be that is the 'contractual entitlement' mentioned above

daska

Dig out your contract and if you and HR still disagree then ring ACAS for clarification and help on what to do next. They will probably suggest a polite letter to HR.

Pippaki

Good Morning everyone,

Here is what HR said: They want to treat everyone fairly so, for example, if someone takes 1 month unpaid leave in May, then they wouldn't pay them for the 2 bank holidays. OR, if someone works flexi hours and is every Monday off then they will not get the bank holidays that fall on Mondays paid.

So I asked them, how is it fair that whilst I am working I get 25+8 days holidays but when I'm on maternity leave I only get 20+8? Also, there is nothing in my contract or in the maternity policy that says that my holiday entitlement would go down whilst on maternity leave.

They also mentioned the working hours directive or something like that where it says that the statutory holiday entitlement is 20+8. I said that is correct, however in my contract it says 25+8 so it doesn't matter.

I don't think they had a clue about this (very junior staff I was talking to) and I still have no idea what I am entitled to.

Lets wait and see.
Pippaki