Accruing paid leave on m/l question

Savvy_Sue

Not for me, but I have a p/t colleague who was off sick and receiving only SSP in April, and then went on m/l in June. She hasn't taken any annual leave, and we're quite happy for her to take it at the end of her m/l.

Now, my manager and I are trying to work out exactly what her entitlement is. We give 25 days plus the BHs, so that was 9 this year, pro rata down to 20 plus 7.5 as she works a 4 day week M-Th.

One view is that as she was only receiving SSP in April, she should have Easter Monday added to her leave entitlement. OR we have to pay her the difference between SSP and her daily pay.

The other is that you don't get BHs when you're off sick, so that's a day lost.

I realise it's slightly complicated by the fact that we give more than the statutory minimum, but if anyone would like to say which view is right and (ideally) point to a link, I'd be very grateful ...

Uncertain

Savvy_Sue wrote: »

The other is that you don't get BHs when you're off sick, so that's a day lost.

Can't see that is legal if somebody is long term sick!

As you give more than 28 days holiday in total you may be able to apply that to the extra days but if somebody was off sick all year they still accrue 28 days statutory leave.

Kynthia

If you're annual leave years are April to March then aren't there ten bank holidays this year? There are two Good Fridays. Or are you going to count that in next year's allocation?

paddedjohn

TBH i cant see the problem, if she hasnt used any of her hols yet then she is still entitled to her full erntitlement regardless of how many bank hols have passed. Whilst on ssp she still earns hols and just because the rest of you used one of yours for the BH it doesnt mean she should lose one.

Savvy_Sue

Kynthia wrote: »

If you're annual leave years are April to March then aren't there ten bank holidays this year? There are two Good Fridays. Or are you going to count that in next year's allocation?

No, leave year is Jan - Dec, she was here for Jan, May and June BHs and will be on M/L for August. She plans to have finished M/L and be on A/L by Christmas, so it's just Easter which is the question.

Savvy_Sue

paddedjohn wrote: »

TBH i cant see the problem, if she hasnt used any of her hols yet then she is still entitled to her full erntitlement regardless of how many bank hols have passed. Whilst on ssp she still earns hols and just because the rest of you used one of yours for the BH it doesnt mean she should lose one.

Thank you, that is probably the only way in which the question has not yet been answered within the workplace: I work the same days of the week as this lady, so if I had X days, she should have X days!

getmore4less

You can make up any rules you like for the extras over 28 days BUT if you have no conditions allready you can't start making them up now restrospectively

As pointed out you have to be consistant to not disadvantage part timers.

Cuurent policies are obviously a problem since peope don't understand them enough to meet the minimum legal obligations, could be time to simplify the holiday policies in line with current legislation

Remove the BH entitlement and roll those into a single allowance with rule for the extra days overstatutory if required. much easier to understand and administer.

Avoid saying anything about BH, but exercise the right to fix any holiday as needed to meet company needs,

Savvy_Sue

Historically we used to state it as "33 days including BHs" as some staff needed to book them if they wanted them, and others just had BHs automatically. New manager wants to change this (because none of us now work BHs) but I think that's not helping.

As it happens, this year and last we've had 34 days including BHs, because it is a good employer. It's just this one discussion where we're getting stuck!

getmore4less

Savvy_Sue wrote: »

Historically we used to state it as "33 days including BHs" as some staff needed to book them if they wanted them, and others just had BHs automatically. New manager wants to change this (because none of us now work BHs) but I think that's not helping.

As it happens, this year and last we've had 34 days including BHs, because it is a good employer. It's just this one discussion where we're getting stuck!

Someone needs to educate the manager on the holiday legislation and implimenting policies.

Keep it as simple as possible

One issue with a X+BH is you need to have a TOIL/PIL policy for those that end up working BH.

much easier to have a policy that just allocates some days each year, gives a lot of flexability

Savvy_Sue

getmore4less wrote: »

Someone needs to educate the manager on the holiday legislation and implimenting policies.

'Someone's' been doing her best.

getmore4less wrote: »

One issue with a X+BH is you need to have a TOIL/PIL policy for those that end up working BH.

much easier to have a policy that just allocates some days each year, gives a lot of flexability

I agree. We're in the process of drafting a new staff handbook, I'll suggest that it may be worth doing this because we may in the future have staff contracted to work BHs once more.