Bank Holidays Whilst Off Sick

[Blanch25]

Hi
My annual leave from my job is pro rata 28 days a year to include 8 for bank holidays .
I have been off sick after surgery for a few weeks now and this has taken me over the Xmas bank holidays .
When I am fit for work will I be entitled to these 3 days ( Xmas day Boxing Day and New Year’s Day ) as holiday ?
Thanks

[woofgang]

What do your terms of employment say?

[johnny.5]

NO !

[Rockrose]

Well I am in the same situation and according to my T&C’s I am so I emailed by boss and HR and they have been credited to me.

[Old_Geezer]

One can but ask.

[Prudie]

It depends entirely on you work policy so find out. At my place of work yes you would get all you bank holidays credited back to you when off sick.

[fiction-factory]

I think the answer is usually 'yes' nowadays although I don't fully understand why.
I know it's not what you asked, but ....as an employee I was rarely off sick but wouldn't have asked for the bank holidays back and as a manager I wondered about the motivation of employees who pushed for things like this. In a small company/department this can really affect the business but in a large department/organisation they can probably make adjustments and cope

[Buenchico]

Hmmm. There are some strange answers above!

If you're off sick over a holiday period that time counts as 'sick leave' and NOT as 'holiday' (unless you choose otherwise); so the holiday can still be taken later on. Even if you're actually on holiday and you then fall sick you can still ask for the days that you were ill to be counted as 'sick leave', giving you additional holiday time later on.

Your contract of employment CAN'T change those rules, which are defined by law. See 'Sick leave and holiday' here:
https://www.gov.uk/taking-sick-leave

[Blanch25]

Thanks for all your answers and help
I have been on ssp. Which is dire
So if I’m
Entitled to the 3 days it would help financially if you get what I mean ?
I have a contrAct which is a bit ancient and it doesn’t say much but it does say your annual leave includes 8 days for bank holidays . From what I’ve read you ant get paid ssp and holiday pay so I feel I’m
Entitled to the 3 days as holiday still ,
After I’ve seen my consultant and can hopefully go back to work I will query it with my
Employer
Thank you all again

[fiction-factory]

You are almost certainly entitled to the holidays. (In fact i think you definitely are based on the gov.uk link).
As an aside, it would be interesting to know what would happen if someone called in sick on Christmas Eve and then returned on 27th December- would they be entitled to claim sickness for the Christmas and Boxing Days?
The laws have changed the situation very much in favour of the employee now. I know of cases where people are off for a full year and then return in January and ask to take their 28 days holiday carried forward from last year.

[Blanch25]

Just to let you all know
When I got paid it appears I’ve got paid for the 3 bank Holidays plus ssp!
I didn’t realise this was allowed but I’m not complaining
Thanks for all that answers and I hope this helps others in future