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term time only working, maternity pay and bank holidays

Dot

| 0 Posts

19 Feb, 2020 11:54

Hi All

Please can anyone advise on this. We have a TA who works term time only. She's been on maternity leave and has now returned. She's asking for the bank holidays back that fell during her maternity leave. I feel she's been paid for those bank holidays within her 'rolled' up salary/maternity pay. But I am very unsure. 

I'm aware an all year round employee would be able to claim back the bank holidays that had fallen during her maternity leave. But what about the term time working?

Many thanks in advance.

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  • Gemma Green

    | 0 Posts

    21 Feb, 2020 11:12

    The employee would have received their bank holidays and annual leave entitlement whilst on full pay, but once they have dropped in pay or on SMP they wouldn't have been being paid for their entitlement. I experienced this myself and questioned this on my return from maternity leave. Effectively whilst in SMP I should have been receiving payment for my 'Annual Leave' on top or given the option to physically take this on my return (Although on a Term Time contract)