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Help paternity leave

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TONY MELON
Posts: 73
Joined: 17 Jan 2008, 11:24

Help paternity leave

Post by TONY MELON »

Hi I've booked 2 weeks paternity leave but it falls
On a bank holiday so will that be included within the
2 weeks or do I get and extra day added
IcanthelpthewayIam
Posts: 4067
Joined: 26 May 2009, 13:37
Gender: Male

Re: Help paternity leave

Post by IcanthelpthewayIam »

TONY MELON wrote:Hi I've booked 2 weeks paternity leave but it falls
On a bank holiday so will that be included within the
2 weeks or do I get and extra day added
just entitled to the two weeks legally unfortuantely the bank holidays does not get added on top
TONY MELON
Posts: 73
Joined: 17 Jan 2008, 11:24

Re: Help paternity leave

Post by TONY MELON »

R u sure
IcanthelpthewayIam
Posts: 4067
Joined: 26 May 2009, 13:37
Gender: Male

Re: Help paternity leave

Post by IcanthelpthewayIam »

TONY MELON wrote:R u sure
yes
gluteus maximus
Posts: 241
Joined: 12 Oct 2013, 15:08
Gender: Male

Re: Help paternity leave

Post by gluteus maximus »

What if that bank holiday is part of your normal statutory 28 day entitlement??
IcanthelpthewayIam
Posts: 4067
Joined: 26 May 2009, 13:37
Gender: Male

Re: Help paternity leave

Post by IcanthelpthewayIam »

gluteus maximus wrote:What if that bank holiday is part of your normal statutory 28 day entitlement??
we get more holidays than the statutory entitlement
gluteus maximus
Posts: 241
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Gender: Male

Re: Help paternity leave

Post by gluteus maximus »

Then In that case as previously stated by another poster you will not get back the Bank holiday credit as you are already on authorised paid leave
BarnsleyLackey
Posts: 349
Joined: 24 Aug 2011, 16:07
Gender: Male

Re: Help paternity leave

Post by BarnsleyLackey »

gluteus maximus wrote:What if that bank holiday is part of your normal statutory 28 day entitlement??

If a Bank Holiday falls in Annual Leave or Rota weeks, then you get a day in lieu.
gluteus maximus
Posts: 241
Joined: 12 Oct 2013, 15:08
Gender: Male

Re: Help paternity leave

Post by gluteus maximus »

This is not annual leave or bank holiday. It is about a paid statutory entitlement

No discrimination has occurred to the employee as he has lost nothing in the way of an entitlement
BarnsleyLackey
Posts: 349
Joined: 24 Aug 2011, 16:07
Gender: Male

Re: Help paternity leave

Post by BarnsleyLackey »

gluteus maximus wrote:This is not annual leave or bank holiday. It is about a paid statutory entitlement

No discrimination has occurred to the employee as he has lost nothing in the way of an entitlement
Ah, right. I just saw the 28 day entitlement bit and thought it was referring to Hols. Comparing the two. My mistake.
Postaltony
Posts: 120
Joined: 03 Oct 2013, 14:54
Gender: Male

Re: Help paternity leave

Post by Postaltony »

Hi, I'm late to this just having had my paternity leave. I have issue with not getting days in leu as I think this is treating those on paternity leave unfairly. In my case I was off over Christmas. The 3 days we had off everyone got. I was on paternity leave so lost those 3 days. If I had taken my leave from the 2nd of Jan I would not have lost out. So therefore I honestly believe that Royal Mail discriminates in this case. It does seem that we are put at a disadvantage because we took our entitlement.
Postaltony
Posts: 120
Joined: 03 Oct 2013, 14:54
Gender: Male

Re: Help paternity leave

Post by Postaltony »

If normal leave is taken over a bank holiday you get those days back. So what is the difference and why? And where is this in writing?
TrueBlueTerrier
FORUM ADMINISTRATOR
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Re: Help paternity leave

Post by TrueBlueTerrier »

http://www.cwumid7.com/PDFs/Paternity%2 ... Policy.pdf" onclick="window.open(this.href);return false;

possibly this little gem :roll:
This policy does not form part of the Employment Contract.
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TrueBlueTerrier
FORUM ADMINISTRATOR
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Re: Help paternity leave

Post by TrueBlueTerrier »

http://www.hrzone.com/topic/pay-benefit ... ays/119114" onclick="window.open(this.href);return false;
Essentially, this is a contract question.

Since April 2003, eligible employees have been entitled to take ordinary paternity leave within 56 days of their child’s birth. OPL lasts for either one whole week or two consecutive weeks. The right to OPL was enacted by the Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) (‘PAL Regulations’).

Regulation 12 of the PAL Regulations says that, during paternity leave, an employee is entitled, during the period of leave , to the benefit of all terms and condition of employment that would have applied if he had not been absent, except for pay.

This is confirmed by Government guidance on OPL and pay on the Directgov website. The guidance confirms that employees who are entitled to OPL get all of their normal employment benefits (apart from wages) during OPL. This includes holiday entitlement. In short, holiday entitlement will accrue whilst an employee is on OPL.

So, as I initially pointed out, this is a contract question. The Working Time Regulations give all full-time workers 5.6 weeks annual leave and statutory holidays can be included in that 5.6 weeks.

If you are one of those employers that does so, and one of your employees takes OPL and misses what is in effect a day's holiday, they must be allowed to take it at some other time (whether before or after the OPL).

If you give 5.6 weeks holiday as well as statutory holidays on top of that and one of your employees takes OPL and misses what is a day's statutory holiday, they simply lose that day, do not need to be compensated for it and need not be given time in lieu of it.
We get less than 5.6 but with bank holidays added (which they can be) we get more - so essentially you are stuck in the middle of the two. I'd get in touch with an ADR or employment lawyer and get their guidance.
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IcanthelpthewayIam
Posts: 4067
Joined: 26 May 2009, 13:37
Gender: Male

Re: Help paternity leave

Post by IcanthelpthewayIam »

its just basic employment law there is no discrimination at all unfortunately, as long as you have had all preious bank holidays off or creditted to you this year then you wont get anything back

paternity leave is for 2 weeks from the date you take it, not 10 working days(or however many days you work in a week) its simply 2 weeks from the date it start till it finishes

now you can specify what date you want it to start, if i was in your shoes i would have used annual leave for the days in the weeks with bank holidays in them and started the paternity leave the day after the last bank holiday thus maximising your leave entitlement