Bank Holiday Entitlement on ML

[JemRose]

Hi

So my work are being a bit iffy about things since I've said I'm pregnant. I'm keeping a log of everything, but read on a website about discrimination in pregnancy and one thing is about suddenly picking up faults in your work - which my workplace have been doing.

I've had to read up a lot about my rights as a pregnant employee and maternity leave rights etc. My Midwife has given me a few websites to look at and I have to track everything that happens.

Anyway, I want to know all my rights and there is one subject I'm a bit confused on and can't find a definitive answer.

I know that whilst you're on maternity leave you accrue holiday as normal (so I'm taking the my leave from the rest of the year before my maternity leave date). But I'm not sure about the bank holiday entitlement.

In my contract I have 28 days paid leave, 8 of those days are bank holidays. So after the bank holidays are taken out I get 20 days paid leave.

My baby is due in July, so there are 3 bank holidays that come along during my maternity leave, August and 2 in December.

Am I entitled to take those days back as a paid leave day? Considering I'll be getting SMP on those bank holiday days and they won't pay me in full for them whilst I'm getting SMP. So in my mind, I should be entitled to take those days back as a paid leave day?

Does this make sense? Hope I'm not being too confusing in what I'm asking.

Please let me know if you know anything about this! I don't have a clue and I want to make sure I'm getting everything I can from my employers x

 

[Sparrow]

Hi, I’m due 29 April and I’m taking my holiday entitlement and the bank holidays I will miss all before my maternity leave officially begins, I’m pretty sure it’s not just my company’s policy and they are obliged to give you the bank holidays. Do you have a HR department? They should be able to confirm it for you and they’re suppose to be impartial and are responsible for ensuring the company meets government standards when it comes to things like maternity leave.

 

[JemRose]

Thanks sparrow, that's exactly how i thought it would be
We have an outside HR dept and not sure how to contact them tbh. I will speak to my manager about the bank holidays but don't trust what her reply will be! X

 

[Shepherdess]

it really annoys me when employers are so sneaky like this. when I had my DD I wasn't aware of bank holiday entitlement, I handed my notice in before I went back to work and got a nice £130 at the end as I'd missed two bank holidays. they were great with me

you are entitled to those holidays so mention it to them. if you tell them you know they'll realise they can't try and hide things

 

[Loveandpeace]

Hi JemRose,

My employers haven't been very fair with me either and you have raised an issue that was in the back of my mind as well! I know in my place if you're off sick over a bank holiday you get that day owned back to you. So I was wondering if it was the same as maternity? I tried to find a definitive answer to this online but couldnt.
I wouldnt trust my manager either to come back with an answer to me!
I might try ringing an advice agency to find out more.
I am in my last week of work and there is a total of 13 bank holidays when I will be off on maternity, so thats over 2 weeks extra I can take off at the end of my maternity leave.

There are so many employers out there being sneaky and mistreating pregnant women!

 

[JemRose]

Yes loveandpeace, I'm fairly certain that if you have bank holiday inclusive of your holiday allowance then you should have them back. That makes sense re. the if you're off sick you get it back. My contract says that if you have to work a bank holiday, you get the day back in lieu - so I'm assuming that means it's the same for maternity leave.

I am going to ask my manager today, although I'm fairly certain that I should be getting the day back. Online isn't very helpful at all, but if my manager comes back with a no then I will be ringing for advice.

I work for a GP surgery so you'd think they would treat pregnant employees better!! x

 

[Loveandpeace]

Just found this!

https://www.maternityaction.org.uk/...during-maternity-leave-and-on-return-to-work/

This bit stood out

'If you are entitled to 28 days annual leave, plus Bank Holidays you should check your contract or maternity policy to see if you are allowed to take Bank Holidays or fixed holidays that fall during maternity leave at another time. If your employer allows employees who are sick on a bank holiday to take a day off in lieu, they should also allow women on maternity leave to do the same, as it could be discriminatory not to.'

So I am going to demand my bank holidays to be owed to me in lieu or paid to me on my return from maternity.

 

[JemRose]

Yay that's good, definitely get them back then!!

My contract is absolutely crap with the maternity part - this is all it says!!

View attachment 76947

 

[Loveandpeace]

Thats so vague and unclear!
My contract is crap too, it says to refer to the staff handbook. So I did and its crap as well!! You really have to dig to fight for what you're entitled to!

Also found this link

https://www.mumsnet.com/Talk/pregna...t-on-Maternity-Leave-You-ARE-entitled-to-this

 

[JemRose]

AMAZING!

Thank you loveandpeace, will definitely be using that if I have to x

 

[EllieH]

I’ve only quickly gone over what you’ve put but my work are awful too, I asked to save my bank holiday to use as and when and when I told someone else to say that is what they wanted to do with their bank hols whilst on mat leave, they told them no and that they would get paid for the bank holidays on top of their mat leave pay on the months they occur x