We have a teacher currently on paternity leave, who would be due to return to work 21st September who has queried whether the additional bank holiday will mean that their leave is extended.
Our teachers received the statutory minimum annual leave, plus the 8 usual Bank Holidays (to in excess of the minimum)
The guidance I have found is
"Q: How Do I Calculate Paternity Leave With Bank Holidays in It?
A: Whether or not bank holidays are included in paternity leave entitlements will depend entirely on whether or not the bank holiday forms part of your employee’s statutory holiday entitlement under the Working Time Regulations 1998 (SI 1998/1833).
Where an employer grants employees the minimum holiday entitlement under the Regulations, a bank holiday that occurs during the employee’s period of paternity leave will form part of the employee’s statutory holiday entitlement. This means that a day off in lieu would have to be granted.
However, if the employer grants paid time off on bank holidays, in addition to the statutory minimum, then the employee’s potential right to a compensatory day off or pay in lieu in respect of a bank holiday will depend on the terms of the contract of employment or any policy on the matter that forms part of the contract. It may also be that a right to time off or pay in lieu for bank holidays exists impliedly as a result of custom and practice, even if it is not written down in any company documentation." (Moorepay)
Our paternity leave policy does not mention bank holidays, but as our contracts stipulate the employee is entitled to the usual 8 bank holidays only I am leaning towards a day in lieu not being given. I of course, don't want to put the employee at a detriment, but we have not encountered this situation before, so I am wary of setting precedence. I imagine this could also apply to emergency school closure periods such as snow days so would like to get the thinking straight now?
In the case of the usual 8 bank holidays, we would extend the paternity leave, but there is no custom and practice in our organisation for additional bank holidays.
Any help, particularly if you have had a similar situation, would be greatly appreciated.
