Sickness on a bank holiday

Hi everyone I need some help. Earlier in the year I was off sick from work for a few days and this included one bank holiday. Usually if we work a bank holiday we get that day added to our annual leave, but my employers are saying I don't get that day back as I was off sick and didn't actually work. My way of thinking is that it can't then go down as a day off sick and if they are not granting me that day back then the sick day should be taken off my record and it documented as a day off.
I have read through my contract and this type of issue isn't mentioned.
Any thoughts?
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Comments

  • Tongue
    Tongue Posts: 190 Forumite
    edited 27 October 2009 at 4:20PM
    Gosh you don't want much do you?

    You didn't work on the bank holiday so you are NOT entitled to a day off in lieu - FACT!

    You didn't work the bank holiday because you say you were sick, so you were sick - FACT!

    How can you not class a day you had off work through supposed sickness as a day you worked?

    If you want it to be classed as a "day off" then your employer must take one days pay off you as it would then be classed as absent!

    Some people absolutely amaze me, goodness knows what planet you are on girl!
  • pinkshoes
    pinkshoes Posts: 20,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Tongue wrote: »
    Gosh you don't want much do you?

    You didn't work on the bank holiday so you are NOT entitled to a day off in lieu - FACT!

    You didn't work the bank holiday because you say you were sick, so you were sick - FACT!

    How can you not class a day you had off work through supposed sickness as a day you worked?

    If you want it to be classed as a "day off" then your employer must take one days pay off you as it would then be classed as absent!

    Some people absolutely amaze me, goodness knows what planet you are on girl!

    Did you actually read the post??

    The OP said they were off sick, and one of those days was a bank holiday (which they ignore and treat as a working day).

    Had that day NOT been a bank holiday, the OP would have been paid as normal.

    BUT... the company are saying that because it was a bank holiday, the OP has to use it as holiday instead of a paid sick day. Correct OP??

    Are you contracted to work bank holidays?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Jomo
    Jomo Posts: 8,253 Forumite
    happyholly wrote: »
    Hi everyone I need some help. Earlier in the year I was off sick from work for a few days and this included one bank holiday. Usually if we work a bank holiday we get that day added to our annual leave, but my employers are saying I don't get that day back as I was off sick and didn't actually work. My way of thinking is that it can't then go down as a day off sick and if they are not granting me that day back then the sick day should be taken off my record and it documented as a day off.
    I have read through my contract and this type of issue isn't mentioned.
    Any thoughts?

    It may depend but if it isn't the norm to work a bank holiday it should be treated as such...a holiday so only the days you should have gone into work should be treated as sick days on your record...I would have thought anyway.
  • Tongue wrote: »
    Gosh you don't want much do you?

    You didn't work on the bank holiday so you are NOT entitled to a day off in lieu - FACT!

    You didn't work the bank holiday because you say you were sick, so you were sick - FACT!

    How can you not class a day you had off work through supposed sickness as a day you worked?

    If you want it to be classed as a "day off" then your employer must take one days pay off you as it would then be classed as absent!

    Some people absolutely amaze me, goodness knows what planet you are on girl!

    I don't think you need to be so offensive, I was looking for advice and don't appreciate being replied to in that manner.
  • Tongue
    Tongue Posts: 190 Forumite
    pinkshoes wrote: »
    Did you actually read the post??

    The OP said they were off sick, and one of those days was a bank holiday (which they ignore and treat as a working day).

    Had that day NOT been a bank holiday, the OP would have been paid as normal.

    BUT... the company are saying that because it was a bank holiday, the OP has to use it as holiday instead of a paid sick day. Correct OP??

    Are you contracted to work bank holidays?

    Thanks for your input and YES I did read the actual post!

    There was no mention that "Had that day NOT been a bank holiday, the OP would have been paid as normal." in the post.

    All it said was IF they work the bank holiday they get that day ADDED to their annual leave, like I stated a day in lieu.

    They do NOT have to use a paid days holiday as they were off work sick.
  • pinkshoes wrote: »
    Did you actually read the post??

    The OP said they were off sick, and one of those days was a bank holiday (which they ignore and treat as a working day).

    Had that day NOT been a bank holiday, the OP would have been paid as normal.

    BUT... the company are saying that because it was a bank holiday, the OP has to use it as holiday instead of a paid sick day. Correct OP??

    Are you contracted to work bank holidays?

    Thanks for your response. I was paid as normal but only due to the fact that our first 3 days off sick are fully paid then it goes on to ssp. The bank holiday was in the first 3 days of my sickness. In my contract it states that I may be required to work bank holidays but I will recieve the day back in lieu. My query is if I am not entitled to the day back then they must be count it as a day off so it can't also be counted as a sick day on my record.
  • Tongue
    Tongue Posts: 190 Forumite
    happyholly wrote: »
    I don't think you need to be so offensive, I was looking for advice and don't appreciate being replied to in that manner.

    My way of thinking is that you are a cheeky so and so can't face up to FACTS or the TRUTH!

    Work = PAY

    Sickness = Sick Pay

    It would be UNFAIR and UNJUST to give you a day off in lieu when you didn't work the bank holiday. You have already had a day off with FULL PAY plus you didn't work the bank holiday either.

    Some people.
  • Serenity
    Serenity Posts: 2,814 Forumite
    happyholly wrote: »
    Hi everyone I need some help. Earlier in the year I was off sick from work for a few days and this included one bank holiday. Usually if we work a bank holiday we get that day added to our annual leave, but my employers are saying I don't get that day back as I was off sick and didn't actually work. My way of thinking is that it can't then go down as a day off sick and if they are not granting me that day back then the sick day should be taken off my record and it documented as a day off.
    I have read through my contract and this type of issue isn't mentioned.
    Any thoughts?

    I understand where you are coming from but as most sick is documented as "periods of sickness" and not "number of days" in most situations where it matters now, I don't think it will make much difference if it was removed.
    But if you aren't contracted to work it and were just offered it with the day in lieu as incentive then it should be removed from the record. Was this the case? Although even if it was I don't know how much you would gain from pursuing it.
  • Serenity
    Serenity Posts: 2,814 Forumite
    Tongue wrote: »
    My way of thinking is that you are a cheeky so and so can't face up to FACTS or the TRUTH!

    Work = PAY

    Sickness = Sick Pay

    It would be UNFAIR and UNJUST to give you a day off in lieu when you didn't work the bank holiday. You have already had a day off with FULL PAY plus you didn't work the bank holiday either.

    Some people.

    That was not what the OP was asking. They were asking if the sick day should be on her record or not. IMO this depends on if she was contracted to work the day or not. (as per my previous post).

    There is no need to be so rude to people.
  • Tongue
    Tongue Posts: 190 Forumite
    happyholly wrote: »
    My query is if I am not entitled to the day back then they must be count it as a day off so it can't also be counted as a sick day on my record.

    Why must it be counted as a day off? on What basis?

    You didn't work it so you don't get a day in lieu like those who did work it.

    You've just said you got FULL PAY for the days sickness.

    If it's counted as a day off then you shouldn't be paid for it shold you?

    And I bet you weren't off for more than 3 days as well, I'm right aren't I? ;)
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