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Do you get paid for bank holidays if off-sick?

 
Do you get paid for bank holidays if off-sick?

Hi All,

I'm in a bit of a dilemma and would really appreciate all the help and advise you ppl can give me.

Situation is, i started work for my current employer in November 2007 and a few weeks later i found out that i was pregnant (unplanned of course, but still ecstatic at the time!).

I had to take some leave around end of Feb as it was my 12week scan appointment, i was told to make a note of the time i missed from work but it wasnt made clear as to what the procedures were for hospital appts - even when i questioned my line manager and spoke to my colleague, no one could give me clarification as to what the organisation's procedure is with regards to pregnant employees and hospital appts... anyway, i attended the appt as planned for the scan and had the biggest shock ever - i was told that my baby had died as there was no heartbeat!

This unfortunate event turned my life upside down, i was very depressed and took approx 5 weeks off work (from 28th feb to 4th april) to help me get over the whole situation. At this time i made regular contact with my employer mainly via text messages and phonecalls to keep them updated on my situation.

I was ready to return back to work week commencing 24th march but was advised my employer that i should take an extra two weeks to rest properly and also as the college would be closed there wouldnt be anyone around for me to work with as all staff were off (btw, i work in a college and as part of my contract me and the caretaker are the only persons who work during the holidays)...

Anywy, so i took the two weeks off and arranged for a continuing sick-note to cover the period from 24th march-4th april.

To cut a long story short, i got my pay-slip and found that the college didnt pay me for 3 whole days, which were as follows: 21st march (good friday), 24th march (bank holiday monday) and mon 7th april (yet that was the actual day i returned back to work!).

I now want to approach my manager to ask why i had not been paid for the two bank holidays and also for the day i returned back to work (7th april) - however, i wanted to get my facts straight beforehand on whether they are required to pay me bank holidays as normal pay whilst im off-sick or not???

Btw, i got SSP as my contract states that the college doesnt pay for the first 3 days of the sickness anyway, and then it only pays for certain sickness depending on governing body, whatever dat means?! Im totally confused - plz can someone help me as i need to get this matter clarifies asap otehrwise my employer will say that you returned to work on 7th april but u r approaching us now... so plz pguys and gals, help me out...

Cheers!

MysteriousWoman

08/05/2008 20:53:44

Suggest you send them a polite note querying this and asking if they might use their discretion to pay you whilst you were off sick in such distressing circumstances and in view of fact that *they* requested that you didn't come in over the college holiday.

They're not obliged under statutory working time directive to pay you for bank holidays whilst off sick but if your contract of employment states you get xx bank holidays then yes you ought to be paid for them if you were on nil pay from employer ie ssp only. But the wider issue is they put you on nil pay for all the other days.

If they refuse you might put in a formal grievance.

As well as your contractual position, they might be seen as sailing close to the wind as regards sex discrimination to reject all this.

bubbles_once

09/05/2008 06:58:08

Bank Holiday Monday Resignation

Hello,

Can anyone advise on the following situation. I resigned from my job on Friday 31st July and was given a final date of employment on Friday 28th August (one month's notice period). A colleague in my team resigned on Monday 3rd August and although her last working day will be Friday 28th August (the same as mine), she is being paid until Monday 31st August which is a Bank Holiday Monday.

I'm told that as she resigned on a Monday, she will be paid until the Monday - even though she's only working until the Friday. As I resigned on a Friday, I am only being paid until the Friday, thus losing out on 3 days' pay. Is this acceptable?

I'd appreciate any advice.

xina1981

03/08/2009 22:01:30