Maternity Leave / Holiday question

an9i77

pinkshoes wrote: »

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!!

If I were you I'd go in with the angle 'I've heard I'm entitled to this (and quote from the above link) please can you tell me whether that is correct' - be polite but if they come back with a no ask for a justification. This is exactly what happened where I work last year, and it meant we had to go away and seek legal advice and following this we changed our policy to grant back bank hols. As I was about to go on mat leave myself it meant an extra nine days (with the royal wedding). As I didn't trust myself to take a neutral stance on the issue I let my colleague deal with it rather than risk losing any professional integrity - luckily the decision made was in my favour.

beebuzz168

an9i77 wrote: »

If I were you I'd go in with the angle 'I've heard I'm entitled to this (and quote from the above link) please can you tell me whether that is correct' - be polite but if they come back with a no ask for a justification. This is exactly what happened where I work last year, and it meant we had to go away and seek legal advice and following this we changed our policy to grant back bank hols. As I was about to go on mat leave myself it meant an extra nine days (with the royal wedding). As I didn't trust myself to take a neutral stance on the issue I let my colleague deal with it rather than risk losing any professional integrity - luckily the decision made was in my favour.

This is pretty much the approach I've gone with at present, will see where it gets me. I'm already not going back so there is nothing to lose by pushing it, but it feels very uncomfortable to me to be challenging "authority". Will keep you updated, and thanks for everyone's help / advice so far.

embob74

an9i77 wrote: »

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.

I would have thought if you have a contract which states you are entitled to 'x' amount of holidays and you are legally entitled to accrue ALL your holidays when on maternity leave then there is no grey area at all.
The OP is entitled to her contracted holidays or is being discriminated against for taking maternity leave.

Sambucus_Nigra

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

Quote:

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.

embob74

^^^ That's what I said......just didn't make it look pretty enough lol.

Will try to remember to quote "quote"

Sambucus_Nigra

embob74 wrote: »

^^^ That's what I said......just didn't make it look pretty enough lol.

Will try to remember to quote "quote"

I was just giving the OP the link and the wording to use when she tells them they are wrong.

an9i77

embob74 wrote: »

I would have thought if you have a contract which states you are entitled to 'x' amount of holidays and you are legally entitled to accrue ALL your holidays when on maternity leave then there is no grey area at all.
The OP is entitled to her contracted holidays or is being discriminated against for taking maternity leave.

Actually no until very recently this wasn't the case, and only the annual leave (not the bank holidays) had to be granted back. Its only recently changed. Hence the OP's employer is prob not aware of this - yet. Perhaps the OP will be the one to bring it to their attention.

embob74

an9i77 wrote: »

Actually no until very recently this wasn't the case, and only the annual leave (not the bank holidays) had to be granted back. Its only recently changed. Hence the OP's employer is prob not aware of this - yet. Perhaps the OP will be the one to bring it to their attention.

I've not heard of any recent change although I do not profess to be an employment specialist.
I only know that when I checked my entitlement well over 18 months ago, prior to my maternity leave, I was entitled to all my holiday pay even if that included bank holidays.

pinkshoes

I've just come back from holiday, and accumulated all my holiday when I was off, and on top of that, they paid me for the bank holidays I missed (rather than have me take them in lieu).

an9i77

pinkshoes wrote: »

I've just come back from holiday, and accumulated all my holiday when I was off, and on top of that, they paid me for the bank holidays I missed (rather than have me take them in lieu).

You've just come back from holiday?Do you mean maternity leave or just normal annual leave?