Was I entitled to Bank Holidays while on sick leave?

sabinalee

Hi,

Please help me to understand, is my employer right or not.

I was on sick leave for 30 weeks due to severe pain in a shoulder while lifting at work.
I found lighter duties job and gave a month notice. I left 25th of March.
I was paid only for outstanding annual leave days but not for Public Holidays.
I understand I would not be paid for St.Patrick BH as this was when I extended 26 weeks of illness, but do company owe me for all BH after August 2018 and February 2019?

I was full time employee for more than 10 years with contract 35-39 hours a week.

Can someone give me some feedback before I contact the company?

Thank you.

Riskymove

Sick leave during public holidays

If you are a full time worker who is on sick leave during a public holiday, you are entitled to benefit for the public holiday you missed. If you are a part-time worker on sick leave during a public holiday, you would be entitled to time off work for the public holiday provided you worked for your employer at least 40 hours in the previous 5-week period.

However, you are not entitled to the public holiday if you are absent from work immediately before the public holiday and you have been off work for more than 26 weeks due to an ordinary illness or accident, or for more than 52 weeks due to an occupational accident.

sabinalee

Looks like company messed up with and stated:

"T.. is not owed 3 bank holidays, as he hadn’t worked 40 hours in the weeks preceding the bank holidays and he is not a full time employee to be entitled to a benefit of bank holidays within 26 weeks of a sick leave"

I was a full time employee for 10 years...

OMM 0000

Were the company kind to you while you were off work for 30 weeks due to a shoulder injury?

As in, did they pay your normal wage, show you a lot of patience, etc.?

If so, I wouldn't be making a fuss.

sabinalee

OMM 0000 wrote: »

Were the company kind to you while you were off work for 30 weeks due to a shoulder injury?

As in, did they pay your normal wage, show you a lot of patience, etc.?

If so, I wouldn't be making a fuss.

Fuss?

I'm entitled to being paid for BH!
My company did not paid me anything! Illness Benefit did, but I worked hard for this.

OMM 0000

sabinalee wrote: »

Fuss?

I'm entitled to being paid for BH!
My company did not paid me anything! Illness Benefit did, but I worked hard for this.

Yes my question was if they were kind to you (for example, paying your full wage when you were off sick for 30 weeks due to a shoulder injury), then I would not be seeking the bank holiday pay, because they could have chosen to not pay you.

Now that you have clarified they weren't paying your wage when you were off sick, I think you should seek any monies owed.

It's a little hard to understand when exactly you went off sick, and what you're due, but as Riskymove said, it seems anything before the 26 weeks should be paid.

sabinalee

Thank you.
My company replied today that they not owe me for BH as I'm not a full time employee. (!) I'm shocked.
They threat full timers as those who are contracted for more than 39 hrs a week.

For 10 years I had in my contract 35-39 and was not aware that part timer...I wonder how I bought a house.
I don't know if to laugh or cry...

Thank you all.

OMM 0000

Do you still have your contract? Does it say you're full-time or part-time?

It seems rather ridiculous someone who works 39 hours a week could be considered part-time.

sabinalee

I know...
Checked my contract...not stated.
So many bad things happen with them recently...I did work so well but they treat me in wrong way, when my shoulder got bad.

Take care all.
I will enjoy my new work.

CIARAN_BOYLE

At the end of the day your company was silly. They are perfectly entitled to give you a p45 for being out sick. If they do that you don't have any come back for bank Holidays.

They didn't so you have come back but its probably more hassle than it's worth.

Riskymove

It really depends on the other employees

if most are on 35-39 then that can be viewed as full time etc.

If you want to pursue this further here is some more information

https://www.citizensinformation.ie/en/employment/types_of_employment/part_time_workers.html

"part-time employee" means an employee whose normal hours of work are less than the normal hours of work of an employee who is a comparable employee in the employment in relation to him or her.

https://careersportal.ie/work_employment/employment.php


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Full time workers generally work between 35 and 40 hours per week and receive full weekly wages and conditions for working the hours identified in their 'contract of employment', which is issued automatically, regardless of whether it is written or not. This is the most common form of employment in Ireland. The majority of employees work under open-ended contracts of employment. In other words, the contract continues until such time as the employer or employee ends it.