Purchased Annual Leave & Sickness and Stat Annual Leave

JLMo

I purchased 2.5 days annual leave in 2016. (holiday year ran 1 Jan -31 Dec)
I have 31 days annual leave and 8 stat days.
I have been off unwell since 10 October and have taken 22.5 days holiday(includes purchases) till then and 6 stat days.
The Abatement of Leave section of my employers sickness policy indicates as I have been off over 3 months I will be entitled to the statutory minimum of 28 days which can include Stats.
My question is can the annual leave days I have purchased be included as part of this statutory minimum?
Thank you for your help in advance.

agrinnall

You would think that if they were then your employer would have to refund you the salary that you gave up to purchase the 2.5 days, but it may be down to what your contract of employment says about the purchased days in your circumstances.