SSP and Bank Holiday Pay

[Millbrookblue]

My Partner works for the NHS and is off long-term sick on SSP yet they have both taken 7.5 hrs off her leave for the Whitsun bank holiday yet still paid her SSP . They say holiday pay is only payable if you are in work .

Surely they either have to accrue the holiday in lieu or pay it ? What they have done is effectively reduced her remaining holiday entitlement by a day whilst continuing to pay SSP . It doesn't sound right to me . Surely if you are entitled to X days paid holiday per annum plus bank holidays (and the bank holiday days are on your holiday chart) they can't deduct a day without paying holiday pay, but they say this doesn't apply to bank holidays which are different.

[old_andrew2007]

your are correct its unfair, however its my understanding that NHS operate in the way you describe with regard to Bank Holiday payment, you could ask her to check it out with her union rep,

[Millbrookblue]

Thanks for your response . That's a good point about her union rep too.

[shywazz]

Lets say you get 24 days hol for 12 mths employment, you are on sick leave for 11 mths of that year, do you expect to still get 24 days hol ? Answers on a post card and send to gordon brown.

[majik]

Originally Posted by shywazz

Lets say you get 24 days hol for 12 mths employment, you are on sick leave for 11 mths of that year, do you expect to still get 24 days hol ? Answers on a post card and send to gordon brown.

Legally YES, Basically holiday is accrued over the time you are employed by a company not how many days you work etc. so they would be entitled to their full holiday allowance for the year etc.

[Millbrookblue]

Thanks Majik . I was just surprised that the NHS lump all hols into one but apparently they can and do differentiate between bank hols which are deducted from holiday entitlement as they occur and personal accrued holiday which remains 'live'.