B/H entitlement if on sick leave ?

[islfor]

If your off sick during bank holidays do you get them back as days in lieu ?

[POSTMAN]

No lol

[Blade Runner]

I did.

[pokos27]

yes it was decided by the european court.

[islfor]

Can someone be more specific please ?

[brothermagrew]

Can someone be more specific please ?

The three decisions are: the European Court of Justice (ECJ) decision; the subsequent House of Lords decision in HMRC v Stringer (Stringer); the ECJ’s decision in Pereda v Madrid Movilidad SA (Pereda).

More details on the decisions:
Stringer states that:

Workers can accrue and take statutory annual leave during sick leave.
Therefore a worker on sick leave for all or part of the annual leave year is entitled to any untaken annual leave (provided for by the Working Time Regulations (WTR) – up to maximum of 5.6 weeks (though at the time the Stringer case started it was 4 weeks) when they return to work. If the worker on sick leave has not had an opportunity to take the holiday in the current leave year, this will mean carrying the leave over to the next leave year.
Workers who are denied holiday pay can bring a claim for unauthorised deduction from wages which has more generous time limits (i.e. claims have to be made within three months of the deduction from wages).
Alternatively if a worker's employment is terminated before they have had the opportunity to take their annual leave entitlement due to sickness, the worker is entitled to a payment in lieu at the normal rate of pay. Entitlement to a payment in lieu only arises on termination of employment.
Pereda states that:

Where a worker’s prearranged statutory holiday coincides with a period of sick leave, the worker has the option to designate an alternative period for the exercise of their holiday entitlement.
So, although workers may be allowed to take holiday during sick leave, if they do not wish to do so the holiday must be granted at a different time (even if this means carrying it over to the next leave year).

Earlier this year the European Court of Justice ruled that workers accrue holiday entitlement while on sick leave.

Workers can even elect carry their leave forward into the next year where they are unable to take it due to long-term sickness, having the potential to increase the sick leave costs on return to work or termination of employment.

However, more recently, the Court followed this up with another ruling to the question of what happens if an employee becomes sick while they are on holiday.

The court ruled that employees have the right ask for their holiday leave to be “reallocated.” Again, employees can elect to carry leave forward into the next year where it has been ruined by sickness.

This ruling re-interprets the European Working Time Directive meaning that workers can phone in sick while on holiday - taking the day off sick, rather than counting it against their annual leave entitlement.

The rulings also have implications for employers who usually prescribe when their staff take annual leave, even for business reasons. If it coincides with a period of sickness, workers will now have a right to reschedule their leave.

[POSTMAN]

Annual leave/holiday yes but it says nothing abouth 'Bank/Public Holidays',or does it as i can't see it.

[fishtank]

Annual leave/holiday yes but it says nothing abouth 'Bank/Public Holidays',or does it as i can't see it.

The point about Bank Holidays,and i've said this before is that Royal Mail use some of them to make up your statutory minimum holiday entitlement of 28 days so because of the recent rulings that brothermagrew has posted if you were off sick for the entire year you would legally accrue 28 days leave not the minimum 22 1/2 days that RM give you for your annual leave.

So...you could argue that at least SOME of the Bank Holidays are part of your statutory leave and cannot be denied to you....but you would need to take a test case to an Employment Tribunal.

[spoodoo]

Hi a friend of mines was off ill all last week ,her day off this week fell on the monday holiday ,at her return to work interview was told that she cant claim back the day for the mon holiday? She had a doctors line for last week .any help folks?

[clashcityrocker]

http://www.royalmailchat.co.uk/communit ... 92#p379092" onclick="window.open(this.href);return false;

[spoodoo]

just posted a similar one,,,friend of mine had a doctors sick line for all last week,on return to work (her day off fell on the mon holiday yesterday) was told she cant claim back her day off falling on the mon hol..is that right ??

[Pat Ostman]

Without a test case I would say it was 'reasonable' yes. But the more I think of it I convince myself otherwise. Maybe I just want to fight with RM at the moment.

It's a difficult one.

[banddy]

Hi a friend of mines was off ill all last week ,her day off this week fell on the monday holiday ,at her return to work interview was told that she cant claim back the day for the mon holiday? She had a doctors line for last week .any help folks?

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you don't get public/bank holidays back if you were on s/l - sorry

[TrueBlueTerrier]

merged 2 similar topics

[spoodoo]

was signed offfor a week from mon ,return to work was tues on sick line from doc as obviuosly cdnt go back on the monday holiday ..surely they cant take the monday as a sick day ? feeling im beein shafted .