13/12/2013 at 06:28
13/12/2013 at 06:50
Custard, based on everywhere I've ever worked those days would be available to him to take again, and most likely tagged on the end. I'll have a looksie online...
13/12/2013 at 06:59
I've read loads of cases where in practice they allow the days to be added, but it seems that isn't a legal obligation. An article says it depends on whether BHs are part of overall balance and how you've worded it suggests they're not, which would mean he doesn't have a right to those extra days. This article is useful:
I wonder though, if he just takes the attitude that he's entitled to those days, whether he'll get them anyway :)
Maybe someone else will come up with the definitive answer!
13/12/2013 at 07:04
13/12/2013 at 07:06
It just occurred to me that we'll probably have this issue with Easter! :)
13/12/2013 at 07:38
You don't accrue bank holidays when on paternity /maternity leave but you do get full pay for those days. You do accrue annual leave.
13/12/2013 at 07:48
But what happens if the bank holidays are taken as part of your annual leave?
13/12/2013 at 07:56
If you take annual leave on Xmas week for example, you'd only use 3 days instead of 5 as Xmas day an boxing day wouldn't count as holiday but bank holiday. You build the annual leave around fixed bank holidays.
If you were on statutory paternity leave around Xmas, you'd receive full pay for the 2 bank holidays (or 3 including new years day) and be paid statutory minimum or the rest.
I think the wording is that if you have total days then you still have those days to take. If it's X days plus bank holidays then you lose them. That's how I read it?
13/12/2013 at 08:01
That's right counter. So if your contract says 28 annual leave, these would accrue. If it says 20 days annual leave plus 8 days bank holidays, the 20 days accrue and can be taken later but the 8 bank holidays are fixed.
13/12/2013 at 08:16
13/12/2013 at 08:20
Thanks LD, I'm straight now.
Custard, is it that there is a difference between 2 weeks leave and 10 days pay? So he would be having 2 weeks paternity leave. And maybe his employer have this outlined and says he doesn't lose the BHs?
13/12/2013 at 08:24
13/12/2013 at 08:40
Paternity leave needs to be taken in a chunk but pay is slightly different and he would get whatever his full time daily rate is for the bank holidays. He should clarify with HR beforehand sp they don't forget to pay him for those days or they might turn around and say just have the 3 additional days if it makes thei payroll easier. If my H hadn't got full paid paternity leave he would have taken annual leave. Whereas I'm only entitled to SMP and the bank holidays are just paid in full.
13/12/2013 at 08:47
13/12/2013 at 08:52
It's surprising how many companies aren't au fait with all of this, no policies, no experience etc.
My husband is going to be asking for extra (unpaid) paternity leave prior to being entitled to it, (the 20 week mark) but mothers are allowed it and gay male parents are allowed it. We're hoping because he works for the home office they'll be the most accomodating of all employers, but we're prepared to be surprised!
Good luck with his HR dept :)
13/12/2013 at 09:02
13/12/2013 at 09:13
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