Maternity Leave / Holiday question

beebuzz168

Hi Guys

Apologies for starting another maternity leave / holiday entitlement question. I did have a look at previous threads, but I can't get my head round them (at what point is baby brain not a legitimate excuse any more?!).

So, my situation, was a fulltime worker, holiday at 25 days plus BHs. Am now not going back to work there as they were unable to offer me reduced hours so am reconciling holiday owed to be paid. My last "working" day will be 7 November.

I took 7.5 days before going on maternity leave in January, and have received a letter saying that I am owed a further 14 days (21.5 days due for the year).

I queried with them whether I was entitled to any pay for missed BHs and received this response - I’m afraid women on Maternity Leave don’t accrue these. The logic is that you’re effectively not at work on that day and therefore haven’t missed out by virtue of you maternity leave. I hope that makes sense.

So, should my accrued holiday be worked out on the basis of my holiday entitlement (25 days), statutory minimum (28 days) or AL + BH (33 days)?

If anyone can help, and explain in as plain English as possible, my baby addled brain will be very much appreciative. I do pity my next employer!

Tigsteroonie

From what I've read in the past, I believe that your entitlement is calculated on the basis of the statutory minimum (28 days). It doesn't matter that they count 25 of those days as annual leave and 3 as bank holiday leave. If you were working for the year, you would be entitled to the statutory minimum of 28 days and maternity leave doesn't not change your rights.

Presuming your leave runs as per the calendar year, you will entitled to 10 months' proportion of the 28 days.

eta. Some other stuff I'm reading would suggest that if your contract says "25 days + x days BH" then you are entitled to that. But I can't find any legislation that agrees, it all comes down to interpretation of "entitlement to all the same T&C as if you were employed".

Uncertain

Not quite the same but in relation to sickness your statutory entitlement to 28 days holiday are protected but the company can have whatever rules it likes in respect of any additional holiday.

Assuming the same applies the firm could limit your entitlement to a total of 28 days and not your usual 33.

beebuzz168

Thanks for the quick responses.

So, it sounds like they should definitely be working out my entitlement against 28 days rather than 25, but that the BH element may be up to some interpretation.

Being cheeky, and lazy, but does anyone have a link that I could send them that would back this up?

an9i77

Its a grey area. We dealt with this last year, the advice from our solicitors was to grant back/ pay for the bank holidays missed, can't remember the exact case law but there was some case that had got them all in a flap about it, so they recommended they be granted. (Was good for me as I'm now on maternity leave myself!). However the law is open to interpretation so I wouldn't go so far as to say your employers have to do this (although I would not contradict the 28 day thing stated above).

embob74

Found this on the direct government website:
(http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG)

"Holiday entitlement
You build up all your entitlements to paid holiday through all of your Statutory Maternity Leave. This is even if your employment contract says you are entitled to more than the statutory minimum".

paddedjohn

there is no grey area at all, you are entitled by contract to 33 days leave and you have had 7.5 days so far this leave 20.5 days owing upto Nov 7th, if you work it out on the minimum entitlement of 28 days then you are still owed just over 16 days

embob74

Holiday entitlement would depend on when the holiday year runs as the 33 days would have to be calculated per month. Unless you finish work on the exact last day of the end of the holiday year you won't have accrued the full year's holiday entitlement.

an9i77

paddedjohn wrote: »

there is no grey area at all, you are entitled by contract to 33 days leave and you have had 7.5 days so far this leave 20.5 days owing upto Nov 7th, if you work it out on the minimum entitlement of 28 days then you are still owed just over 16 days

It is a grey area - a lot of employers are now paying / re granting the contractual entitlement including bank holidays, not just the statutory 28 days. I forget the case law but if you look for it you'll find it.

beebuzz168

Thanks for the opinions guys.

I won't push for the bank holidays but am just about to contact them re working out my holiday against 28 days for the year rather than 25.

Will let you know what they say...

pinkshoes

You are entitled to accumulate ALL your holidays (even if this is more than the statutory minimum) during maternity leave, so in your case, 33 days.

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088

Don't forget there was also the extra bank holiday for the royal wedding this year too!!