Long term sick/ Bank Holiday query

[makingsounds]

A colleague was off sick for approx' 7 months, is he entitled to claw back any days for Bank Holidays during his absence?

[doorstepped]

No.

I am sure someone will be along with the right clause in the contract etc but as you are "off" for the full week sick you will be classed as working five days of those six in any order, so you will not be classed as working six days therefore claiming bank holidays back.

they can however claim back any Holodays they may have booked that were due to be taken during their sickness.

[IloveMYredTROLLEY!]

Isn't it more complicated than that?

A Fter is entitled to 28 paid annual holiday per year by law, which the employer can chose to include bank holidays. Unless they qualify for extra basic leave because of long service, they will only get 22.5 days paid leave.

Because the 28 days cannot be rounded down, this means the FTer has to get 6 days of paid leave from bank holidays.

So, does this not come down to how many paid bank holidays the OPG got before the ~7 month sickness and how many they qualify for come the end of our leave year?

If he/she has had less than 6 paid bank holiday days come the end of this leave year (end of March), then if OPG is full time, they are entitled to bank holiday credits so they get their 28 days paid leave (excluding any purchase of annual leave)?

[Lincox]

a