# Bank Holidays on Maternity



## tatler (19 Nov 2009)

If my employer pays my full salary for my maternity leave, does he also have to pay me for the 7 days Bank Holidays on top of this or is that covered in my monthly pay check?

I know I am entithled to the extra seven days as leave but employer is saying they are unpaid as he is already paid me in my normal salary?

He says to pay for them would mean they are being paid for twice.
Is he correct?


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## becky (19 Nov 2009)

No he has to pay you for them. You are entitled to 26 weeks mat leave. If he does what he is proposing he is effectively reducing your mat leave by 7 days.

See below from citizen advise website 

*Public holidays and annual leave *
You are entitled to leave for any public holidays that occur during your maternity leave (including additional maternity leave). The right of employees to leave for public holidays is set down in Section 21 of the Organisation of Working Time Act 1997. 
Time spent on maternity leave (including additional maternity leave) is treated as though you have been in employment, and this time can be used to accumulate annual leave and public holiday entitlement


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## tatler (19 Nov 2009)

Thanks Beky.
He really convinced me that my normal monthly pay included bank holidays.
I actually agreed with him. Will go back again.


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## Deas (19 Nov 2009)

The alternative is to take the Public Holidays as additional days at the end of your Maternity Leave.


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## camellia (19 Nov 2009)

Tatler

Your normal monthly salary does include payment for bank holidays. 

Do you actually expect to get paid your normal monthly salary plus extra for bank holidays when you are not actually working at all? I.E. more than you would get paid if you were at work as normal?

How could it cost your employer extra to have you off on maternity leave and not working?

The maternity legistalation protects your right to have time off but surely doesn't allow you to benefit from your employers decency in paying you full salary while off work?

I comment as a female type person who has been on maternity leave three times on full pay so I have no issue with your being paid. I do have an issue with the idea of trying to look for extra pay while not at work.


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## Deas (20 Nov 2009)

Camellia, please do not leave a post unless you are willing to provide the correct information.  Becky above has given the correct line on Bank/Public Hioliday payment while on Maternity Leave; as is mine re the alternative to payment.  The information you have stated is legally incorrect.


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## patftrears (20 Nov 2009)

tatler said:


> I know I am entithled to the extra seven days as leave but employer is saying they are unpaid as he is already paid me in my normal salary?





Deas said:


> Camellia, please do not leave a post unless you are willing to provide the correct information.  Becky above has given the correct line on Bank/Public Hioliday payment while on Maternity Leave; as is mine re the alternative to payment.  The information you have stated is legally incorrect.


Deas you are incorrect.

Your monthly salary includes the bank holiday payment.
You are entitled to 7 days of leave but these are unpaid.
Your employer is correct.


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## becky (20 Nov 2009)

patftrears said:


> Deas you are incorrect.
> 
> Your monthly salary includes the bank holiday payment.
> You are entitled to 7 days of leave but these are unpaid.
> Your employer is correct.


 
No he's not correct. She was on mat leave when the public hoilday occured so she has not yet received payment for her public holiday, what she was paid for is maternity leave. You can't be on 2 types of leave on the same day.

I don't agree with the practice, but public holidays are protected under the legislation. I also don't agree with 26 weeks maternity leave.  However, what I think doesn't matter.


Surprised that people are debating it as I thought the extract was very clear.


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## tatler (20 Nov 2009)

Thanks everyone but there still is some confusion obviously.

The concensis then is?

1.The legislation protects the right to bank holidays.
2. If your employer is not paying your salary he must pay for the bank holidays.
3. If your employer is paying your full salary then he does not pay extra for the bank holiday. That is included in your full pay.

Otherwise I persume it would be descriminatory. Female on maternity getting more money than an employee who is in the same job but working.

Is this correct?


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## Deas (20 Nov 2009)

Hi tatler et al, lets clear this up once and for all:

Maternity Leave is a protected Leave type, so an employee cannot be on any other type of leave while on it. This includes public Holidays which are either tagged on at the end as paid leave, or the employee receives payment for them.

Per your last email Tatler:
1. The legislation protects the right to Public Holidays; of which there are 9 in the year. (The only Bank holidays are Good Friday and December 27th)
2. Whether or not your employer pays you while on Maternity Leave, they must open it up to you to decide whether you want payment for your Public Holidays or time in lieu for any that occur during your leave.
3. Per above, you cannot be on a Public Hiolday and Maternity Leave at the same time, so if employer pays you while on Maternity Leave, it is for this purpose only. Public Holidays accrue during the period of Maternity Leave.

It was your employers decision to pay you for Maternity Leave. While not required to do so, many employers will pay for some or all of Maternity Leave based on collective agreements or best practice. 

It is not discriminatory, as only females can take Maternity Leave (except in one exceptional circumstance where a male can on death of mother). All are entitled to Public Holidays, so you should be no exception by virtue of Maternity Leave.

If I refer back to your first post - your employer is correct - you can have the days as unpaid leave or alternatively you can receive payment for them and return to work immediately - you can't have both.

This is correct.


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## Jewel (20 Nov 2009)

tatler,

Here is the advice from a professional HR site that I use.....

_Annual holiday entitlement will continue to accrue during both maternity and parental leave. Public holidays falling during the leave period should be added to the leave period and paid at the employee's normal rate of remuneration_.


I hope that helps....


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## Renter27 (1 Jan 2010)

Tatler - ring NERA yourself, explain your exact situation and they will give you the correct , legal , entitlements for your situation.

And if the answer is in your favour you can explain to your employer that you have consulted NERA, therefore they know your clued up from the correct source.

Its better then telling them the people on the internet told me.....

Best of luck , i was in same situation while on sick leave , NERA were excellent . Employer soon backed down when i mentioned them


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