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cityguru, Solicitor
Category: Scots Law
Satisfied Customers: 13329
Experience:  solicitor
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I am a nurse working for a private health care company Iin

Customer Question

I am a nurse working for a private health care company Iin a nursing home environment. I have a contract that states that if i am off between the 19th December and 4th January due to sickness i will not get paid my enhanced rate (double time) for the days 25th and 25th Dec as well as 31st Dec and 1st Jan.
having had one day off on the 19th due to diahorrea and having obeyed all xompany mm policies regarding calling in etc. I find that they have penalised me and withheld the double time for the 25th and 26th Dec as well as the 31st and 1st January.
is this legal as it's company policy that if I have vomiting or diahorrea I shouldn't attend work for 72hrs.
Submitted: 4 years ago.
Category: Scots Law
Expert:  cityguru replied 4 years ago.
Hi Thanks for your question. Employers are not legally obliged to pay extra time for working public holidays etc. They are only legally obliged to give you a minimum number of paid holidays. So if your contract is clear and it is a condition of your contract that there have to be no absence over the period to qualify for extra pay then they are entitled to withhold your payment.
You can point out the unfairness and of course you can resign and go elsewhere but if they are adamant about following the contract terms then there is nothing you can do.