Bank holidays and off sick

kemp596

Recently my partner was off sick for a month from work, due to health problems, the time off included the august bank holiday we had. Now my partners work have taken a days holiday off her for the bank holiday because she was not in work. Can they do this as she would of normally work this bank holiday but was off on sick, they have also taken the holiday off her but decided not to pay her. I feel she should not of lost a holiday and just received sick pay for this day, can anyone confirm this before she complains about it ? thanks

AJ1982

From what you write, I assume your partners' AL includes Bank Holidays but Bank Holidays must be taken. In which case I would imagine this is correct process.

However, it is possible to have AL returned in the event of being absent. Doctors certificate is required,I would assume you have one of these given the duration of absence.

DCFC79

What does the contract say in this instance.

General_Grant

Would she normally work a 5- (or more) day week?
What is her contractual annual holiday entitlement?

General_Grant

AJ1982 wrote: »

From what you write, I assume your partners' AL includes Bank Holidays but Bank Holidays must be taken. In which case I would imagine this is correct process.

However, it is possible to have AL returned in the event of being absent. Doctors certificate is required,I would assume you have one of these given the duration of absence.

The OP said she would have worked the August bank holiday but did not because she was off sick.

specialboy

Op, unless your wife gets hols over and above the legal minimum her employer can't deduct any off her whilst she is on the sick as long as she has followed procedure (sick notes etc). Whilst on sick leave she would also be accruing leave.

Fluffi

Is/was she getting full pay while sick? Is she entitled to a set amount of paid sick days a year or is it at the companies discretion?

kemp596

thanks for all the replies,

She works 5 days out of 7, with alternate weekends off, and a thursday/friday off when working a weekend.

The august bank holiday she would of had to work (she does homecare they do not get bank holidays off) if she was not off sick,

she was signed off from the doctors for 4 weeks with a sick note. I understand it that as she would of been working that bank holiday had she not of been off work sick, then the company have no right to take a days holiday off her annual leave as she would of gained it in Lieu anyway ?

LittleVoice

kemp596 wrote: »

thanks for all the replies,

She works 5 days out of 7, with alternate weekends off, and a thursday/friday off when working a weekend.

The august bank holiday she would of had to work (she does homecare they do not get bank holidays off) if she was not off sick,

she was signed off from the doctors for 4 weeks with a sick note. I understand it that as she would of been working that bank holiday had she not of been off work sick, then the company have no right to take a days holiday off her annual leave as she would of gained it in Lieu anyway ?

If your partner receives only statutory sick pay (which I rather strongly suspect is the case) but had wanted to receive pay for the bank holiday (because she did not in fact work it), then they could deduct the day from her annual entitlement BUT they would have to pay her for it. If she did not wish to use up that day's leave, then she was covered by the sick note and they could not deduct the entitlement. (That also assumes she is not entitled to more than the statutory paid leave amount (28 days including any bank holidays) which again I strongly suspect is the case.)


Let us know if she is entitled to more than 28 paid days in total.