Do we have to give a woman a substitute days leave for bank holidays that fall during maternity leave?
Different rules apply to ordinary maternity leave (OML – the first 26 weeks) and additional maternity leave (AML – the second 26 weeks). The Employment Rights Act provides that a woman is entitled to all her terms and conditions during ordinary maternity leave (OML), apart from remuneration, as though she was at work. In the case of employees employed under the Green Book, this can be interpreted as meaning that a woman should be given a day’s leave for each bank holiday that falls during the OML period. This provision will also apply during AML for women whose expected week of childbirth is on or after 5 October 2008. The obligation to give a woman substitute leave for the bank holidays that she was unable to take during her maternity leave was reinforced by the European Court of Justice (ECJ) decision in Gomez (see LGE Advisory Bulletin 483). This case concerned a fixed holiday period that fell during Ms Gomez’s maternity leave. The ECJ held that a woman must be able to take her annu
