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Help paternity leave
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TONY MELON
- Posts: 73
- Joined: 17 Jan 2008, 11:24
Help paternity leave
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
On a bank holiday so will that be included within the
2 weeks or do I get and extra day added
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: Help paternity leave
just entitled to the two weeks legally unfortuantely the bank holidays does not get added on topTONY 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
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: Help paternity leave
yesTONY MELON wrote:R u sure
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gluteus maximus
- Posts: 241
- Joined: 12 Oct 2013, 15:08
- Gender: Male
Re: Help paternity leave
What if that bank holiday is part of your normal statutory 28 day entitlement??
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: Help paternity leave
we get more holidays than the statutory entitlementgluteus maximus wrote:What if that bank holiday is part of your normal statutory 28 day entitlement??
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gluteus maximus
- Posts: 241
- Joined: 12 Oct 2013, 15:08
- Gender: Male
Re: Help paternity leave
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
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BarnsleyLackey
- Posts: 349
- Joined: 24 Aug 2011, 16:07
- Gender: Male
Re: Help paternity leave
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.
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gluteus maximus
- Posts: 241
- Joined: 12 Oct 2013, 15:08
- Gender: Male
Re: Help paternity leave
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
No discrimination has occurred to the employee as he has lost nothing in the way of an entitlement
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BarnsleyLackey
- Posts: 349
- Joined: 24 Aug 2011, 16:07
- Gender: Male
Re: Help paternity leave
Ah, right. I just saw the 28 day entitlement bit and thought it was referring to Hols. Comparing the two. My mistake.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
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Postaltony
- Posts: 120
- Joined: 03 Oct 2013, 14:54
- Gender: Male
Re: Help paternity leave
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.
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Postaltony
- Posts: 120
- Joined: 03 Oct 2013, 14:54
- Gender: Male
Re: Help paternity leave
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?
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TrueBlueTerrier
- FORUM ADMINISTRATOR
- Posts: 72692
- Joined: 30 Dec 2006, 10:29
- Gender: Male
- Location: On my couch
Re: Help paternity leave
http://www.cwumid7.com/PDFs/Paternity%2 ... Policy.pdf" onclick="window.open(this.href);return false;
possibly this little gem
possibly this little gem
This policy does not form part of the Employment Contract.
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TrueBlueTerrier
- FORUM ADMINISTRATOR
- Posts: 72692
- Joined: 30 Dec 2006, 10:29
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- Location: On my couch
Re: Help paternity leave
http://www.hrzone.com/topic/pay-benefit ... ays/119114" onclick="window.open(this.href);return false;
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.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.
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Any post in any other colour is my own responsibility.
If you like a news story I posted please click the link to show support Any news stories you can't post - PM me with a link
My sharing of news articles should not be interpreted as an endorsement or condemnation of any particular viewpoint or the issues presented. I share them solely for informational purposes.
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: Help paternity leave
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
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