(another) Maternity Leave Q

[CARNAT22]

Sorry in advance!!!

Is it true that we are also meant to acrue bank holidays whilst on maternity leave?

My HR person says no?

I cannot seem to find a clear answer on the very convaluted government website.

Does it depend on whether bank holidays are included in your holiday allowance or not?

Thanks

xxxxxxxxxx

 

[leesey]

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

 

[CARNAT22]

I still don't get it

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.
You can add holiday to the beginning or end of your Statutory Maternity Leave. You may not be able to carry over untaken holiday entitlement if your Statutory Maternity Leave goes over two holiday years. It is often best to take this at the beginning of your Statutory Maternity Leave.

My contract says I get 27 days + Bank and Public Holidays. So HR have told me I will only acrue my 27 days.

If my contract said 27 days including Bank and Public Holidays then I'll acrue them.

That sounds correct doesn't it?

 

[SunnySue]

Yes, if your contract states that you are entitled to paid bank holidays then you will accrue these too.
If your HR department still says no, ask them to make a call to ACAS while you are present so that you can discuss it with them.
I hated dealing with my HR when I was planning my mat leave they are useless, I sometimes think they make it up as they go along!

 

[leesey]

I sometimes think they make it up as they go along!

Agreed!!

 

[Scottie]

I still don't get it

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.
You can add holiday to the beginning or end of your Statutory Maternity Leave. You may not be able to carry over untaken holiday entitlement if your Statutory Maternity Leave goes over two holiday years. It is often best to take this at the beginning of your Statutory Maternity Leave.

My contract says I get 27 days + Bank and Public Holidays. So HR have told me I will only acrue my 27 days.

If my contract said 27 days including Bank and Public Holidays then I'll acrue them.

That sounds correct doesn't it?

My contract is the same, and I was also only able to acrue my annual allowance and not the Bank Hols. So yes sounds correct

 

[mrs v]

I asked the same question as my contract stated the same...after lots of arguing with hr they agreed it. The way I put it was if I was requested to work a bank holiday then I would be able to claim that day back or be paid for it. For those people who work part time they have to book bank hols, so essentially they make up part of their allowance so why wouldn't I be able to claim them.

I said if they wouldn't let me take them as days off then I wanted paying for them...soon got my entitlement!

 

[Butterflykisses]

I gained 7 bank hols which my HR automatically tagged at end of my maternity leave

 

[CARNAT22]

I'll have to check my contract, I have been told specifically that no I wont get paid for them

xxxxxxxxxx

 

[netty]

if your contract says you get BH's extra to your annual holiday day entitlement then yes you should acrue them ( OH works in HR )

sounds like your work are trying to bum you out some money! **storms down to london to give them what for**

ACAS is your best bet hun x

 

[SunnySue]

^^Agreed, ACAS are you best bet
http://www.acas.org.uk/index.aspx?articleid=2042

 

[CARNAT22]

if your contract says you get BH's extra to your annual holiday day entitlement then yes you should acrue them ( OH works in HR )

sounds like your work are trying to bum you out some money! **storms down to london to give them what for**

ACAS is your best bet hun x

^^Agreed, ACAS are you best bet
http://www.acas.org.uk/index.aspx?articleid=2042

Oh man I have worked here for 11 years but I don't want to leave on bad terms?

I'll dig out my contract and see what it says? Lynette maybe then you can ask OH?

xxxxxxxx

 

[mrswoody]

If it says you get 27 days + bank holidays then that would mean you should be entitled to them. I get 30 days + 8 BHs so I'm entitled to add that onto my maternity leave at the end

 

[FirstBabyEek]

I think your HR are talking out of their bottom personally. My contract is the sane as yours, it says 20 days plus bank holidays meaning that I accrue the statutory minimum (bank holidays) PLUS 20 days. Therefore you should get paid for both.

Agreed they are trying to do you out of money!
Xx

 

[FirstBabyEek]

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1081597918&type=RESOURCES

This website says that you accrue BOTH statutory and contractural holiday. Xx

 

[CARNAT22]

My contract says this:

under heading of summary of employment terms

paid holiday entitlement: 27 days per annum in addition to the normal bank/public holidays

So am I correct in thinking that as my leave is in addition to they cannot be accrued?

xxxxxxxxxxxx

 

[FirstBabyEek]

Therefore you should accrue both, either you take them off at the beginning or the end of your mat leave or they pay you for it.

Ive been at my firm 11 years too and have had to fight tooth and nail just for the basic.

Your HR person is wrong. Xx

 

[FirstBabyEek]

Sorry me again - regardless of what your contract says the law is the law and they can't change it, the law says that you get both.

Good luck hun xx

 

[netty]

they should pay you for them, do you always have the day off on BH;'s? or are you required to work them?

 

[SunnySue]

My contract says this:

under heading of summary of employment terms

paid holiday entitlement: 27 days per annum in addition to the normal bank/public holidays

So am I correct in thinking that as my leave is in addition to they cannot be accrued?

xxxxxxxxxxxx

In addition to - this means you get both, your normal annual leave entitlement as well as bank holidays. You are entitled to both.