Maternity pay and bank holidays

[Wing Commander]

Hi all,

I have a question about maternity pay and bank holidays. My wife went on maternity leave last January which ended this January just gone.

Her holiday allowance is 25 days plus bank holidays (which are paid as normal)

My question is: If she is off on Maternity Leave for 1 year, should she be paid for 25 days holiday or 33? (25 + the 8 days bank holiday?)

Thanks in advance

[ReallyReallyGood]

I am not an expert, but my assumption would be that it would follow the employer's rules of not taking off holiday in a normal working year, so depending on the employer you'd simply lose the days (i.e. no payment), or carry some forward, or get paid X days (there's usually a maximum, but it's nowhere near 25 days!), but this is stuff that is normally agreed on before/during maternity leave rather than a few months after!

Edited by ReallyReallyGood on Wednesday 13th April 09:52

[Wing Commander]

ReallyReallyGood said:

I am not an expert, but my assumption would be that it would follow the employer's rules of not taking off holiday in a normal working year, so depending on the employer you'd simply lose the days (i.e. no payment), or carry some forward, or get paid X days (there's usually a maximum, but it's nowhere near 25 days!), but this is stuff that is normally agreed on before/during maternity leave rather than a few months after!

Edited by ReallyReallyGood on Wednesday 13th April 09:52

Thanks for your help so far. It was agreed in so much that my wife took 2 weeks at the very beginning of her maternity leave (as per her contract - she can only take 2 weeks at a time). It was then agreed that she would essentially tag the remaining holiday on at the end.

What I am interested in is if we are due 25-14 days ie 11 days, or 19 days (which includes the bank holidays). My feeling is that this might not be something that is decided on between employer and employee, rather it is bound in employment law one way or another. Yet I cannot seem to find the required answer on the google.

Many thanks

[Vaud]

Some ACAS thoughts:

http://www.acas.org.uk/index.aspx?articleid=4289

[Matt_N]

Any contractual benefit that she would have whilst being in work i.e. 25 days plus 8 bank holidays also applies when she is on Mat Leave as you are not allowed to be discriminated against for being on Mat Leave.

My wife was on Mat Leave last year, she is entitled to 20 days plus 8 bank holidays and that is what she got paid.

[Jasandjules]

She is entitled to whatever pay she would have received had she been at work. She will also accrue holidays.

ETA - subject to her contract......

Edited by Jasandjules on Wednesday 13th April 16:28

[Wing Commander]

Just to close this off.

The employer had refused to roll over unused holiday from one holiday year into the next despite email confirmation that this shouldn't be a problem (copies taken by us when it was asked, before maternity leave started)

Also hadn't paid bank holidays and again refused to roll over from last year.

Long and short, wife filed on MCOL for all unpaid holidays and bank holidays. After ignoring her for the whole time, they paid up at the last possible moment for the full amount.

[Matt_N]

Wing Commander said:

Just to close this off.

The employer had refused to roll over unused holiday from one holiday year into the next despite email confirmation that this shouldn't be a problem (copies taken by us when it was asked, before maternity leave started)

Also hadn't paid bank holidays and again refused to roll over from last year.

Long and short, wife filed on MCOL for all unpaid holidays and bank holidays. After ignoring her for the whole time, they paid up at the last possible moment for the full amount.

Lousy way to treat your wife but a good result in the end.