They are still saying I will not get childcare vouchers and need to contact BusyBees to cancel them whilst I am off. Busybees of course have nothing to do with this and as my dd starts playgroup whilst I am off and they take the vouchers I want to pay with them and then build up the rest as a 'store' to help pay for 2 dc when I return to work.

They are also disputing the BH, I get 30 days due to extra from length of service (pro-rata for part time) and I have said I know I will only get the stat min whilst I am off 28 days and they are saying no you get 20 and no BH.

I have sent them all the links but still I am getting no I am the one who has gotten it wrong

What, they are disputing childcare vouchers?? Childcare vouchers actually present a saving opportunity for the employer as the cost of entering the scheme is less than the NI saving they make.

Carrielou you need to maybe do a formal letter to them ?? How are they disputing it / why?

I know flowery is off just having had her gorgous baby my employers are still saying I will not get the BH despite me sending them all the info from above link, same with childcare vouchers. I have printed everything off for them including the hmrc direct links which state this is the law but still they are disputing this . I only have 3 weeks before I go on mat leave any other sugestions for how I can make myself understood to them??

Thank you for this. My company just agreed to pay me those five bankholiday days occured during maternity leave.

I've just read through the whole of this thread and can I ask a few things??

When I go on mat leave this time I am taking 2 months AML - does this mean that I will acrue holiday during all of this time now rather than just OML??

I work 3 days per week now so get BH I think it is 6 per year, nothing was ever said about them when I took ML last time, so should I be expecting to have my 6 weeks of holiday plus Easter x 2, may day, whitsun and aug BH tagged on?? I could take 3 weeks at a time and come back to work 3 weeks later and get paid fot it!!!

This is very exciting!!!

Hi all,

Just to let you know that after complaining and asking for confirmation of the legal basis on which they were relying on to deny payment for bank holidays, my company have got in touch and advised that they are changing their maternity policy on this and I will get payment or days in lieu (whichever I want) for all bank holidays that fall during the period of my maternity leave after all !

So it may be worth persuing the fight !

Nickyboo

Hi

My office were also not going to pay or accrue the bank holidays (plus an additional company day they give all employees) so I sent them the following:

"I have been told that I was not entitled to accrue bank holidays (and the X Company day?) during maternity leave, but I am not sure why this is the case.
The Direct Gov website states "If your baby was due on or after 5 October 2008, you keep your normal employment rights and benefits (apart from wages) throughout your Ordinary and Additional Maternity Leave". It also specifies "If your baby was due on or after 5 October 2008 you will build up all your entitlements to paid holiday throughout your Ordinary and Additional Maternity leave. This is even if your contract says you are entitled to more than the statutory minimum."
http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyand maternityrights/DG_175088

As X Company's own Annual Leave policy states "Employees 25 days... All X Company employees are entitled to the above allowance of paid annual leave in addition to the agreed national holidays of their resident country" and "Employees are also entitled to take 1 days’ additional leave known as The X Company Day" so I can't see why the guidance above wouldn't apply."

I also called the Equalities and Human Rights Commission helpline and they advised me that I was a victim of direct sexual discrimination under the 1975 Sex Discrimination Act because I had "suffered a detriment that but for being on maternity leave would not have arisen" (their words). Luckily I didn't have to go down that route but again you may need the information.

After a few days pondering they have given me the days - 9 in total. I'd rather have had the pay but I'm not going to moan about it now!

Hope this helps and good luck.

I just raised this with my HR department - who were very unclear and reluctant to agree about the bank holidays. However once I sent them to the direct gov page that was linked to earlier and specifically the part that says:
"If your baby was due on or after 5 October 2008 you will build up all your entitlements to paid holiday throughout your Ordinary and Additional Maternity leave. This is even if your contract says you are entitled to more than the statutory minimum"
they have now agreed that I will get the bank holidays as well.

I agree this is very confusing and needs a test case ! My company are not paying or allowing me to accrue any bank holidays that fall while I am on maternity leave.

I'm not sure whether this is correct or not ?

I've had a look at my contract and it states
"Your holiday entitlement is 30 days in each holiday year. In addition, you are entitled to Public Holidays plus 2 extra days nominated by the Company in the Christmas/New Year period. During all holidays you are entitled to your normal rate of pay".

Basically , what they are allowing me to accrue/be paid for is the annual leave entitlement of 30 days plus the 2 days at Xmas, but not the public holidays. However, I don't see how these days differ from public holidays in terms of the wording in the contract ?

Sorry for rambling... don't know whether to push the issue,as I do plan to return to work here- however 8 extra days paid is quite a lot and not to be sniffed at.

Anyone had any joy in fighting their cornor on this ?

Thanks !

This is a bit of an unclear area - needs a test case! As an employment lawyer I would advise:

It depends on the right in your contract.

All employees have the right to have 28 days leave a year (statutory minimum).

So if:

Your contract says 28 days a year (including bank holidays) - you will accrue 28 days during 12 months of maternity leave (pro rate for short periods).

Your contract says 35 days leave per year - you will accrue 35 days during 12 months of materinty leave.

Your contract says 28 days leave plus bank/public holidays - you will accrue 28 days. The right in your contract is to take a bank holiday off NOT a day of annual leave.

Your contract says 25 days plus bank holidays - you will accrue 28 days because of the statutory minimum.

There may also be provisions on carry over of holiday from one year to the next. Currently the Working Time Regs say that holiday cannot be carried over (so if your leave spans a holiday year you may lose any accrued holiday). The contractual holiday (over the 28 days will depend on your contract.) There is a ECJ case out there at the moment which suggests this may not be the case but it is not clear under UK law. Equally you may have arguments if your emplyoer allows other people to take a day in lieu of a bank holiday.

Public sector contracts (and employment policies) tend to be more generous on this type of entitlement. If you post the contractual wording I'll let you have my view on whether to take advice but the advie your HR received is largely correct if confusingly phrased.

If you are looking for places to back you up on the internet HR will be able to find comparable sources which state the opposite.