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Bank holidays during paternity leave?

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claretim
Posts: 3
Joined: 21 Dec 2010, 10:02
Gender: Male

Bank holidays during paternity leave?

Post by claretim »

My friend at work has just been on paternity leave. He used 1 weeks leave and 2 weeks paternity. During the 3 weeks there was Good friday, Easter monday and the ropyal wedding.
Would he be entitled to claim the 3 days back?
TrueBlueTerrier
FORUM ADMINISTRATOR
Posts: 72713
Joined: 30 Dec 2006, 10:29
Gender: Male
Location: On my couch

Re: Bank holidays during paternity leave?

Post by TrueBlueTerrier »

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

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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claretim
Posts: 3
Joined: 21 Dec 2010, 10:02
Gender: Male

Re: Bank holidays during paternity leave?

Post by claretim »

Thanks for the advice. He got 3 days back :Very Happy
TrueBlueTerrier
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Joined: 30 Dec 2006, 10:29
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Re: Bank holidays during paternity leave?

Post by TrueBlueTerrier »

claretim wrote:Thanks for the advice. He got 3 days back :Very Happy
:Applause :Applause :Applause :Applause :Applause :Applause :Applause :Applause :Applause :nana :nana :nana :nana :nana :nana
All post by me in Green are Admin Posts.
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.
drb
Posts: 1044
Joined: 30 Jan 2007, 21:44
Gender: Male

Re: Bank holidays during paternity leave?

Post by drb »

Thanks for the advice. He got 3 days back
Well done TBT! RMC being pro-active yet again!

Sometimes as reps,(and members too!). We always want the BIG wins in which the normal member is not really bothered. Its these very same issues that are important to members. The owed day off. The broken water tap. "Small wins" are just as important...