Sick leave on Bank Holidays

[RedlorryMan]

If I was sick over a period which included a Bank Holiday, should a be credited with a days leave for the Bank Holiday?
I always thought yes. But I have been told no.

[brazil1212]

No you are not credited with a day only if you have leave on a bank holiday

[TrueBlueTerrier]

As usual Fishtank has the answer http://www.royalmailchat.co.uk/communit ... ay#p622447" onclick="window.open(this.href);return false;

In most cases no but it is a very tricky legal position.
The statutory minimum holiday allocation is 28 days for someone working five days a week.
If you receive less than this in your basic entitlement as anyone who has worked for less than 20 years in Royal Mail does then the balance is made up of Bank Holidays.

In Stringer v HMRC, the ECJ ruled that a period of sick absence cannot result in workers losing any part of their entitlement to minimum paid holiday so basically if losing the bank holiday for new year took you below the statutory minimum holiday allocation of 28 days you would have a case to take to an employment tribunal.

Since we get 8 bank holidays you would have to have lost others as well and there is no guarantee you would win but that's the legal position.

Royal Mail's position is no you don't get bank holidays back if you're off sick.

[RedlorryMan]

Thanks for your replies. Very informative.