Would i get new years day back?

[paulthepostie]

Good morning all
I am currently off with flu and the way I'm feeling i can see me being off for the rest of the week.Would i get new years day back in lieu if i'm off sick on that day?.
Many thanks,your help is greatly appreciated.

[fishtank]

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.

[Lounge Lizard]

I expect many of us will be ill on new years day but I hadn't thought of claiming it back in lieu.

[paulthepostie]

I will be in bed most of this week.So no waking up with a hangover,just a snotty head instead .

Thank you for your advice fishtank.One other thing i would like advice on.I will be triggering the four absences which will give me a first stage review.I'm also aware that 14 days triggers a stage one as well.As far as i know the days for the four absences i had amount to 9 or 10 days.If i was say for argument sake,to stay off for a week (making the total days now 17),would i be on stage one review with 3 days carried,or just a stage one fresh?.

This sounds confusing just reading it back,hope you can make sense.Happy new year to you all!.

[arnold cheshire]

I will be in bed most of this week.So no waking up with a hangover,just a snotty head instead .

Thank you for your advice fishtank.One other thing i would like advice on.I will be triggering the four absences which will give me a first stage review.I'm also aware that 14 days triggers a stage one as well.As far as i know the days for the four absences i had amount to 9 or 10 days.If i was say for argument sake,to stay off for a week (making the total days now 17),would i be on stage one review with 3 days carried,or just a stage one fresh?.

This sounds confusing just reading it back,hope you can make sense.Happy new year to you all!.

ive never heard of anyone having a stage one with three days carried over if you had four weeks off sick in one go it would just be a stage one

[paulthepostie]

So i would just be on a clean stage one.Thanks for your help guys,when my funds are a bit better i would like to donate to this site,as it's a great help.Is that possible?.Cheers.

[tractorboy2]

Do you not get them back if you have been signed off by a doctor ?

[Pinky 1]

Thanks for your help guys,when my funds are a bit better i would like to donate to this site,as it's a great help.Is that possible?.Cheers.

http://www.royalmailchat.co.uk/donate.html" onclick="window.open(this.href);return false;