Off sick on Bank Holiday.

[paddytoon]

I'm a newish Rep. One of my members was off sick for about a month. One of the days was a Bank Holiday. He's been told by the DOM that he cannot have that day back. What's the score? Should he get it back or is it just Annual Holidays that you can get back.

I tried a search but couldn't find any relevant posts before loosing the will to live. So thought I'd just ask.

Cheers.

[keithposty]

i will be corrected if wrong but yes, he needs to get that day back if off sick.

its a bit complicated but if that day he was off sick was over a bank holiday for which he was covered by a sick/fit note, the dom has no reason not to reallocate that day

royal mail provide the statutory minimum of 28 days holiday a year which includes PAID BANK HOLIDAYS

[Judgee]

Well this year we were given an extra day off for the Royal wedding, so technically I think we get/got more than the minimum anyway did we not?

[keithposty]

Well this year we were given an extra day off for the Royal wedding, so technically I think we get/got more than the minimum anyway did we not?

that extra day for the royal mail was allowed by an act of parliament

the goverment new it would be swamped with et1 claims otherwise

so in 2011 we had a statutory 29 days holiday instaed of 28 by an act of parliament

[paddytoon]

Thanks fellas. That's all I needed to know. Regards PT

[IcanthelpthewayIam]

Well this year we were given an extra day off for the Royal wedding, so technically I think we get/got more than the minimum anyway did we not?

that extra day for the royal mail was allowed by an act of parliament

the goverment new it would be swamped with et1 claims otherwise

so in 2011 we had a statutory 29 days holiday instaed of 28 by an act of parliament

it wasnt statutory, yes parliment allocated an extra bank holiday this year but it was at no point statutory as no bank holidays are part of your statutory rights, the normal ones we get are part of our contractual rights with royal mail but the extra one(this years and nexts) is not, royal mail gave us them but there was absolutely no legal obligation to do so

[keithposty]

again i must disagree

QUOTE

as no bank holidays are part of your statutory rights

the statutory minimum for holiday breaks in the uk is 28 days

those 28 days can include bank holidays

the bank holiday entitlement need not be taken on a designated bank holiday, it is just added to the minimum 28 day statutory entitlement

this biz about the royal wedding and an extra day was confirmed by way of an employment tribunal claim

[keithposty]

•you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
•part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)

•you start building up holiday as soon as you start work
•your employer can control when you take your holiday
•you get paid your normal pay for your holiday
•when you finish a job, you get paid for any holiday you have not taken
•bank and public holidays can be included in your minimum entitlement
•you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

[IcanthelpthewayIam]

If your going to copy and paste something at least read the whole page especially the bit about bank holidays

http://www.direct.gov.uk/en/Employment/ ... G_10029788" onclick="window.open(this.href);return false;

Public and bank holidays

You do not have a statutory right to paid leave on bank and public holidays. If your employer gives paid leave on a bank or public holiday, this can count towards your minimum holiday entitlement. There are eight permanent bank and public holidays in England and Wales (nine in Scotland and ten in Northern Ireland).

If you work on a bank or public holiday, there is no automatic right to an enhanced pay rate. What you get paid depends on your contract of employment.

If you are part time and your employer gives workers additional time off on bank holidays, this should be given pro rata to you as well, even if the bank holiday does not fall on your usual work day.



As i said no statutory right to bank holidays off, now seeing as you have a diploma in employment law i would have thought you would have known something as basic as that

[keithposty]

why are we getting into a slanging match

may i sugest you check your facts before posting anymore

paid bank holiday leave can be included in the 28 days minimum statutory entitlement

it does not mean you have to take the day off it it falls on a bank holiday, it can be reallocated another day in the future

[IcanthelpthewayIam]

why are we getting into a slanging match

may i sugest you check your facts before posting anymore

erm my facts are actually correct, your the one who is mistaken

[keithposty]

what you tend to forget is that royal mail has by agreement paid bank holidays included in the basic 28 day holiday entitlement

all an employer outside the industry does not have to give a paid bank holiday, that is true, but a paid allternative in the same year must be given as to the 28 day statutory requirment

take macdonalds for instance

you work 5 days out of seven, which can include bankholiday with enhanced pay rates if necessary but which will be dictated by your contract of employment

[IcanthelpthewayIam]

so in 2011 we had a statutory 29 days holiday instaed of 28 by an act of parliament

thats the part you are mistaken by, there was no minimum of 29days holiday this year. yes royal mail make up to the minimum with some of the bank holidays but not all, the lowest annual leave amount is 23days for a new start + 8 Bank holidays takes you over the minimum requirement so the extra bank holiday granted this year at no point affected our leave entitlement and at no point was it statutory for royal mail to give us it off

[keithposty]

it depends if the contract of employment dictates paid bank holidays
Whether employers will grant the extra day is very much dependent on the contracts of employment.

[IcanthelpthewayIam]

it depends if the contract of employment dictates paid bank holidays
Whether employers will grant the extra day is very much dependent on the contracts of employment.

thats what i said but you disagreed, you said its statutory, its not, i said it was contractual and you disagreed with me, now you are saying it is contractual, wish you would make up your mind