payment of bank hols while on mat leave

M

milly123

Registered User
Messages
162
Hi,

Can anyone help me, My maternity leave passes over 5 bank hols (31 Oct 07, 25 & 26 Dec 07, 1st Jan 08, 17th Mar 08), so I booked 27 weeks off (26 + 1 in lieu of the bank hols). Am i entitled to be paid for these 5 days. I thought I was and assumed that i would get a full weeks wages in week 27 but now I'm not so sure. My co. are not topping up my wages during my leave so will only be in receipt of welfare payment €280 p.w. Does anyone know?

Thanks in advance
 
Just to add, you are not entitled to be paid by your employer at all while on maternity leave.
 
Last edited:
Towger said:
Just to add, you are not entitled to be paid by your employer at all while on maternity leave.
Click to expand...

From the looks of it the OP isn't being paid by her employer at all. She is in receipt of the social welfare maternity benefit.
 
While you are on paid/additional maternity leave you accrue your bank holidays. However, please note that your employer has the choice of giving you a day in lieu or paying you for those days. My company used to give us the choice but now pay us for those days that fall when on mat leave. So you need to check with HR as to whether you can claim them as holidays. In my case I'll get paid for the days but will not have 5 days extra holidays. Instead I'll probably get a paycheque for the month that each of these days falls in with just that one (or two) days' pay.
You have booked a week's holidays at the end of your maternity leave, and you will be paid for these but you need to check if the 5 days are coming out of your standard annual leave or if you are using your bank hols as days in lieu. If they're not days in lieu then you will get an extra week's wages (on top of the hols week) in there somewhere.
 
Thanks for the replies, I am not being paid by my employer when i'm on leave but I thought i was entitled to be paid for any bank hols that occur during the leave. I think i am entitled to be paid a full weeks wages in week 27 based on the following taken from www.equality.ie

S25(1) MPA 1994 as amended by S 17 MP(a)A 2004

Public Holidays

Employees on protective leave are entitled to be credited for any public holidays that occures during their leave. They must receive this benefit of such leave. What this means in practice is that they must be given either an extra day's pay, or a set paid day off within a month, or an extra day's annual leave per public holiday that occurred during their leave. This also applied if the employer continues to provide full pay to the employee who is on such leave.
 
Thanks Trish,

That makes sense. Can i just confirm then, At my employers discretion, I can either

  1. get paid for a full week in week 27 without it affecting my annual leave entitlement.
  2. get paid for the public hol in each month that it falls due.
  3. get 5 days paid hols in lieu, increasing my annual leave from the normal 20 days p.a. to 25 days next year.
Thanks again for your helpful advice.

Milly
 
yep that sums it up. Not sure if with respect to #2, they would have to pay you each month when the day falls, I know my place do, or if they would be allowed to just pay you for all when you come back although I'd imagine it would be when the day falls. Also, since that's the only pay you'd receive that month it should be tax free.
Whatever way it ends up you just need to be aware if your week 27 is coming out of you annual leave. You'll get paid for the bank hols one way or another but you don't want the shock of suddenly discovering that you're 5 days hols down, although you'll have accrued so many days that it probably won't be an issue, wasn't when I did it last time.

Best of luck with the bab, are you due in October or Novemeber? Oct 31st is my last day in before my leave starts, due #2 at the end of Nov so I'll be getting paid for the same bank hols as you...
 
Hi Trish,

I'm due around 10th Nov, finishing up in work on 15th October, lking forward to some R & R ;)
 
Thanks Trish, I have a one year old at home also..... some crazzy times ahead for both of us so. I hope the leave does't go too fast. Enjoy & Take Care.
 
You must log in or register to reply here.
Back
Top