Having regard to the Org of Working Time Act 1997 can your contract treat a bank holiday falling immediately before/after 3 days' consecutive absence as a day of sick absence?
Posted in : First Tuesday Q&A ROI on 5 March 2013
Zelda Cunningham
Arthur Cox
No. In fact, full time employees who are on sick leave during a public holiday have an entitlement to a paid day of work in lieu of any public holiday that they missed while on sick leave. Part time workers are entitled this where he or she has worked for his or her employer for at least 40 hours in the previous 5-week period.
Entitlement to public holidays is lost if the employee has been on sick leave for more than 26 weeks in the case of ordinary illness and 56 weeks in the case of an occupational accident.
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Zelda Cunningham
Arthur Cox
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