Additional Paternity Leave and bank holidays

[johnpaultwo]

Hello all,

I was hoping that I could received some advice. I am due to take around 5 months APL at the end of July. 4 Bank Holidays fall within this period. I receive 20 days paid annual leave a year with bank holidays on top on this.

My employer is allowing me to take the 20 days annual leave before and up until the APL. I am however being advised that the additional 4 days bank holiday will not be given as an additional days leave but paid on top of APL payments on each month that they fall. Is this correct? For reference my employer states:

...With regard to Bank Holidays, it would be better if you could receive full pay for these, paid in the payroll within the month that they occur, along with the Additional Statutory Paternity Pay. This is the same arrangement as with normal Maternity procedures, and I trust will be acceptable.

I would like to take these days as leave and thought that this leave was part of the minimum 28 days statutory entitlement.

Many thanks for reading and I'd be grateful for any advice.

[Tools]

Re: Additional Paternity Leave and bank holidays

There is no statutory right to be paid for Bank Holidays, your contract may state that you will be paid for them however, most do.

If it is common practice to have the arrangement you mentioned for maternity leave then it is considered to be a "collective" or "workforce" agreement, and a s such an implied term of your contract. If this policy is the norm then I am afraid you will have to abide by it. However........there is a sneaky way around it :tinysmile_twink_t2:. The additional days you require (4) you may be taken ill . As such, if you are able to subit a SSP or doctors note for 4 days (specifically within the 20 day holiday period) then you are entitled to be paid these as sick leave not holiday leave, leaving you an additional 4 days holiday entitlement. You can then tag these on to the back end of your APL, but beware, it will be perfectly obvious what and why you have done this and may cause you problems later, this is for you to judge how you think your company would react.

[johnpaultwo]

Re: Additional Paternity Leave and bank holidays

There is no statutory right to be paid for Bank Holidays, your contract may state that you will be paid for them however, most do.

If it is common practice to have the arrangement you mentioned for maternity leave then it is considered to be a "collective" or "workforce" agreement, and a s such an implied term of your contract. If this policy is the norm then I am afraid you will have to abide by it. However........there is a sneaky way around it :tinysmile_twink_t2:. The additional days you require (4) you may be taken ill . As such, if you are able to subit a SSP or doctors note for 4 days (specifically within the 20 day holiday period) then you are entitled to be paid these as sick leave not holiday leave, leaving you an additional 4 days holiday entitlement. You can then tag these on to the back end of your APL, but beware, it will be perfectly obvious what and why you have done this and may cause you problems later, this is for you to judge how you think your company would react.

Many thanks for the response.

What I was confused about the the fact that I'd be falling under the 28 day statutory leave entitlement as effectively 8 of these days are bank holidays. I wondered if all full time employees had to be allowed 28 days leave (of which bank holidays can make up a part of this).

Any more thoughts on this?

[Tools]

Re: Additional Paternity Leave and bank holidays

Ordinarily yes - Read this
Acas - Holidays