What should I be entitled to if sick on a bank holiday?

getmore4less

LittleVoice wrote: »

If the OP had been due to be on holiday on the BH, then being sick (as long as employer was informed in accordance with sickness absence procedure) should mean the day be replaced with another BUT she was not due to be on holiday. I know of nowhere where you get a day's holiday for being sick on a working day.

It may not be a working day it is not clear how holidays are calculated and allocated.

It might be a BH, but if you work it you get double time(on top of the holiday pay making tripple time) buying out the holiday.

If sick and they only get statutory holidays then they are due a substitute days.


I bet many work places don't replace BH when people are off sick on a BH when they should.

Tunstallstoven

Huge thanks for all the help. I'm going to clarify some of the ifs and buts by quoting from the policies:

"Annual Leave and Bank Holidays Policy: Basic entitlement for full time staff working a 38 hour week is 24 days per year plus the statutory public holidays.... This is increased by one working day for each complete year of service up to a maximum of 29 work days.”

"Annual Leave and Bank Holidays Policy: Illness during holidays. In exceptional circumstances and at the discretion of the line manager and senior management the Trust may treat annual holiday as sickness absence providing there is medical evidence and all the aspects of the Trust’s Sickness Absence & Pay Policy are met.”

"Annual Leave and Bank Holidays Policy: The Trust gives paid time off, to be taken on each of the FIVE designated Bank Holidays per year...... The Trust may require employees...to work on any of the five Bank Holidays, in which case the employee will receive pay at treble the normal hourly rate for each hour worked on these days. No time in lieu will be given for hours worked on these days.”

I won’t bother to quote the sickness policy because the only relevant section (as far as i can see) is that I am entitled to 10 weeks sick pay per year.

I don’t know if this changes anything or helps to determine where I stand.

As ever, any thoughts or help would be most appreciated.

Many thanks

Max

getmore4less

So how many statutory holidays do they recognise is is 8 or 5?

This policy is out of date and does not take into account the statutory minimum of 5.6weeks(28 days).

If someone was asked to work all 5 bank holidays they would be under the statutory minimum because the holiday had been bought out with tripple time.

getzls

Triple pay??? I knew a guy who was in his coffin then got out of it and went to work for triple pay. Then went back into his coffin and got buried. Don't really of course, but for triple pay i would have made it.:D

falko89

Wyndham wrote: »

But you did have a day off from work, and did still get paid. You were sick, so it was sick pay, but you've not actually lost out have you? Other than for the triple time (which some of us can only dream of, by the way!)

You read my mind, triple time WOW

jobbingmusician

The point surely is that not only would you get sick pay for the day you didn't attend work, but they also will not be deducted from your holiday entitlement. So you are already getting double pay, in a way.....

You can't honestly expect your employer to pay you triple pay for a day when you didn't turn up! If they were forced to replace you on that day, are you expecting them to pay SIX TIMES the normal pay for that day's work? (triple time for you and for your replacement, as otherwise they would have found it difficult to replace you?)

And if you didn't need replacing...........just hope they didn't notice the fact!

Tunstallstoven

getmore4less wrote: »

So how many statutory holidays do they recognise is is 8 or 5?

This policy is out of date and does not take into account the statutory minimum of 5.6weeks(28 days).

If someone was asked to work all 5 bank holidays they would be under the statutory minimum because the holiday had been bought out with tripple time.

They recognise 8 bank holidays. I just did not add in the details about the Xmas/New Year BHs. Those are treated separately because they see Xmas Day, Boxing Day and New Years Day as the BH regardless of whether the actual BH falls on those days or not (i.e. like when they are on weekends).

But you are right in as much as saying that if someone worked all the bank hols they would not get the full 28 days.

getzls wrote: »

Triple pay??? I knew a guy who was in his coffin then got out of it and went to work for triple pay. Then went back into his coffin and got buried. Don't really of course, but for triple pay i would have made it.:D

That's as maybe... I was absolutely gutted to lose out on the money. I won't go in to why I was off, but let's just say if you are male you'd be wincing if i told you!

jobbingmusician wrote: »

The point surely is that not only would you get sick pay for the day you didn't attend work, but they also will not be deducted from your holiday entitlement. So you are already getting double pay, in a way.....

Not too sure what you mean there tbh. But all I'll get for those BH days is sick pay. Nothing else. So no double pay in any way as I see it. That's the point of my query really.... Everyone else in the organisation either gets paid for not being at work, or gets triple time. I got sick pay and nothing else.

jobbingmusician wrote: »

You can't honestly expect your employer to pay you triple pay for a day when you didn't turn up!

No, I don't expect that at all. I feel I expect something for the fact that it was a BH and is part of my A/L entitlement. But I certainly don't expect to be paid triple sick pay!!!

jobbingmusician wrote: »

And if you didn't need replacing...........just hope they didn't notice the fact!

:rotfl:
____________________________________________________

Thanks to all for the help. I'll also be speaking to an advisor on Tuesday and will update the thread with the results.

Any further thoughts in the meantime would be much appreciated.

Cheers

Max

(PS - and rather on topic - enjoy the BH tomorrow!!!)

paddedjohn

OP, if someone works all the bank holidays and gets double/triple/quadruple time then they are still entitled to their legal minimum of 5.6 weeks (28 days for a full timer) so when you work a bank holiday you should get a day in lieu as the entitlement cant be bought off you.

Tunstallstoven

OK... But that's not how it works in my place, right or wrong.

For me personally it is a non-issue. That's because there is also a part of the entitlement which adds an extra days entitlement for each year of service, up to 5 years. I've been there almost 10 years, so my entitlement is now 29 days PLUS the bank holidays (unless of course I work them).

As for people who have not been with the organisation long, it is quite feasible they would be getting less than 28 days and being "bought out" by being given triple time instead of time off. It solely comes down to how many BHs they end up working in the year.

getmore4less

Another clarification, do the 3 BH Xmas day,BD,NY ever get worked on the same rules or are these always non working days.


I suspect this policy has just carried over from the days when it would have been fine to do this with BH, it is only since satutory was raised to 5.6 weeks that this has become an issue.

Might be worth raising this with HR/management, the relevent date is 1 April 2009 when statutory holiday increased from 4.8 to 5.6 weeks.