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day back for B/H on paternity leave?

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superdaves
Posts: 3
Joined: 25 Nov 2012, 18:10
Gender: Male

day back for B/H on paternity leave?

Post by superdaves »

I'm on paternity leave which has gone across the bank holiday (6th May) and i'm wondering if i get a day back?

After looking in various topics and threads on here it seemed that i do, but after phoning HR in Sheffield to see what they said it was a no, nothing at all.

Does anyone have any up to date info on this?
TrueBlueTerrier
FORUM ADMINISTRATOR
Posts: 72719
Joined: 30 Dec 2006, 10:29
Gender: Male
Location: On my couch

Re: day back for B/H on paternity leave?

Post by TrueBlueTerrier »

From this website info I would say yes you are entitled to a day in lieu - but check with a Rep first before approaching management.

The problem is that we get the statutory entitlement (without buying leave) plus 2.5 days (statutory 5.6*5=28days) (RM basic 4.5*5+8ph=30.5 days) so reading the letter of the guidance we are not entitled. However, the Custom and Practice is when off sick, or on holiday we do get it back - hence why I suggest involving a rep.


http://www.xperthr.co.uk/faqs/topics/4, ... &mode=open" onclick="window.open(this.href);return false;
Where an employee's period of paternity leave coincides with a bank holiday, is the employer under any obligation to provide a compensatory day off or pay in lieu?

The employee's entitlement will depend first on whether or not the bank holiday forms part of his or her statutory holiday entitlement under the Working Time Regulations 1998 (SI 1998/1833). Under the Regulations all workers are entitled to 5.6 weeks' paid holiday in any leave year. Where an employer grants employees the minimum holiday entitlement under the Regulations (ie 5.6 weeks inclusive of bank or public holidays), a bank holiday that occurs during the employee's period of paternity leave will form part of the employee's statutory holiday entitlement. This means that a day off in lieu would have to be granted.

However, if the employer grants paid time off on bank holidays, in addition to the statutory minimum, then the employee's potential right to a compensatory day off or pay in lieu in respect of a bank holiday will depend on the terms of the contract of employment or any policy on the matter that forms part of the contract. It may also be that a right to time off or pay in lieu for bank holidays exists impliedly as a result of custom and practice, even if it is not written down in any company documentation

It is worth noting that, contrary to popular belief, there is no law that requires employers to grant employees paid leave on any public or bank holiday, even though many do so in practice..
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superdaves
Posts: 3
Joined: 25 Nov 2012, 18:10
Gender: Male

Re: day back for B/H on paternity leave?

Post by superdaves »

Ok, will do, thanks for your help.
:Very Happy
arnold cheshire
Posts: 5309
Joined: 14 Oct 2010, 21:28
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Location: england

Re: day back for B/H on paternity leave?

Post by arnold cheshire »

superdaves wrote:Ok, will do, thanks for your help.
:Very Happy
that was useful help :crazy:
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: day back for B/H on paternity leave?

Post by fishtank »

I think HR have got it wrong.
It's not that unusual.
Speak to your branch.
If no joy stick in a grievance on the grounds that Royal Mail's own Paternity Policy states..
 An individual is entitled not to be subjected to a detriment because he/she has taken paternity leave.
You are entitled to two full weeks Paternity Leave not 1 week,4 days and a Bank Holiday which you were already entitled to.
That's blatantly detrimental treatment.
good times, bad times you know I've had my share