Are Employees Entitled to a Day Off?
Q: The
government have granted an additional bank holiday to mark the celebrations for
the Queen’s Diamond Jubilee. Are employees automatically entitled to take this
as an additional day’s paid leave?
A: There is no statutory right to any bank or public
holiday. Therefore the announcement of an extra bank holiday does not increase
any entitlement to holiday under the Working Time Regulations. Whether an
employee will benefit from the additional bank holiday depends on the wording
of their contract, and the discretion of their employer.
For example, a
contract which entitles an employee to 20 days annual leave in addition to all
statutory, bank and public holidays, would give the employee an extra day's paid
holiday. Some contracts will state the number of total holidays an employee is
entitled to, including bank and public holidays. If this is the case, or if
public holidays are listed specifically in a contract, the employer is under no
obligation to offer additional paid holiday.
As this
additional bank holiday falls in the same week as the Monday bank holiday,
employers may find there is an increase in requests for time off during the
rest of the working week. This highlights the importance of having an Annual
Leave policy in your staff handbook to clarify the procedure for requesting
time off and to ensure these requests are dealt with in a fair and consistent
manner. Employers may set out guidelines when an employee can or cannot take
leave and how to apply for leave to help meet the needs of the business.
Employers may wish to consult with staff about arrangements for the additional
public holiday as planning and good communications may reduce the risk of
absenteeism and other issues around taking time off.
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