Bank Holiday accrual on maternity leave

Has anybody had the situation where their employer says you don’t accrue bank holidays during maternity leave?

I’m taking one year off so 8 bank holidays will have happened during that time, but my employer has said I will not be entitled to them in my holiday accrual, only my usual annual entitlement.

Both Acas and Citizens advice say they should be accrued as well but I’m not sure if it is an actual legal requirement or not to give me them.

There is nothing in my contract or handbook relating to holiday accrual on maternity leave

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Do you have them as additional days or do you just get bank holidays off?

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so I get 26 days standard annual leave that are bookable on the system and then bank holidays I just get off in addition to this.

The wording in my handbook under holiday entitlement states -

“Full-time employees are entitled to 24 days holiday for the complete holiday year, in addition to public holidays in England.”

And then under a section under bank holidays it states -

“You are entitled to eight statutory bank holidays in addition to your annual entitlement shown”

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I didn't get data for bank holidays it actually never occurred to me that these would be taken into consideration as I wasn't working and therefore would have been paid for them as part of my wage

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everywhere i’ve read indicates I should get them, if the only reason I don’t is because I am on maternity leave, that seems like discrimination.. but I didn’t want to go all guns blazing if it’s not a legal obligation on their part but part of me feels like they are wrong

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I’ve been told I get them accrued I have 25 days a year AL as well as bank holidays

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You should definitely get these. Have you written an email sharing the information on ACAS and citizens advice website? This should clear things up and if they come back with incorrect information you have it in writing.

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Following! This is a great question. Hope you are able to get resolved.

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I think you should get these! I didn’t even think about this but my manager told me today any bank holidays that take place whilst I’m on mat leave will be accrued for me to take when I’m back.

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My company give so many days holiday plus bank holidays so they paid me for the bank holidays in the months that they fell whilst I was off

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You definitely get them.

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I work in Hr and it’s a standard you get them if you are an employee of the company ( not a contractor) I’ve linked the acas website which shows what you would be entitled to.

https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave

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i’ve not yet, I was planning on doing this but I wondered if anyone on here had any advice first in case i’d got it wrong, I’ve also asked one of my colleagues who has been on maternity leave twice if she had the same problem. I also have found out the statutory annual leave for a full time employee is 28 days so this would put me below that, so I have this to go back with as well

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The 28 days is including B/H isn’t it?

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You should absolutely get these.

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Does your 26 days per year include bank in your contract? Are you full or part time?

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Oh yes I see what you mean, sorry I thought you meant that you should be getting 28 days holiday, plus bank hols as standard.

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I am a full time employee.
Every year I get 26 days to book as I wish and then I get 8 days Bank Holidays on top of this. So 34 days in total.

The wording in my handbook under holiday entitlement states -

“Full-time employees are entitled to 24 days holiday for the complete holiday year, in addition to public holidays in England.”
(There is then a bit about service length which is why I get 26)

And then under a section under bank holidays it states -

“You are entitled to eight statutory bank holidays in addition to your annual entitlement shown”

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I’ve now sent an email back with screenshots from CA and Acas stating I think they are wrong, I’ve refrained from using the word discrimination just yet but I’ve hinted that’s what it is, but that will be my next card if they still say no.
We shall see what they respond with!

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Your terms and conditions of employment are the same whilst on maternity leave. You’re entitled to your holiday as detailed in your contract.

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For anybody interested, i’ve now received a response back that my Bank Holidays will be included in my accrual at the end of my maternity 😊

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