Employees have the right to time off work for several reasons, including holiday, sickness, maternity and paternity leave, shared parental leave (from 5 April 2015) and adoption leave. These rights are statutory but some are only available if certain criteria have been satisfied. For example, to be entitled to paternity leave, shared parental leave and adoption leave you must have been employed by the same employer for at least 26 weeks by the end of the 15th week before the due date or ending with the week in which you have been matched for adoption with the child. If you are unsure, seek employment law rights advice from a qualified solicitor.
Holiday Entitlement
Holiday entitlement is calculated by multiplying the number of days worked per week by 5.6. Employers have discretion as to whether or not bank holidays are counted within your statutory entitlement. Your employment contract should confirm whether public holidays are received as a benefit on top of other holidays or whether they form part of your statutory entitlement. The minimum statutory entitlement is 28 days.
Statutory Sick Pay
You are entitled to Statutory Sick Pay (SSP) for up to 28 weeks, provided you earn more than £111. SSP is currently £87.55 per week. In the event that an employer refuses to pay sick pay, a grievance should be lodged in the first instance followed by a request to ACAS to conciliate the matter in the event that the grievance does not resolve the issue.
Maternity Leave
Employees are entitled to both ordinary maternity leave (OML) and additional maternity leave (AML). During any period of maternity leave your terms and conditions of employment remain the same. However, your salary entitlement should be defined in your contract of employment and will depend on how much you earn and your length of service.
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If you feel that you are not getting the correct amount of time off or you are an employer with a grievance to defend give us a call and we will be happy to help. Send the details by email and we will get back to you without any obligation. Contact us now to see how we can assist you.
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