Have I lost my holidays

butmummac

I work for RBS and have been off sick since early last year. Our holiday entitlement runs ffrom jan to dec. I did not take any hols last year due to my illness. HR are now telling me that I have now just lost my holidays from last year and I will not be paid for them. This does not sound right to me can anyone help?

tanith

Not sure but I think its at their discretion if they let you carry any leave over to the next year... someone will be along with more knowledge I am sure...
We used to be able to carry one third over but at my managers discretion it could be a little more than this.. so you could ask for some to be carried over but I don't think they will pay you for it...

Bean_Counter

butmummac wrote: »

I work for RBS and have been off sick since early last year. Our holiday entitlement runs ffrom jan to dec. I did not take any hols last year due to my illness. HR are now telling me that I have now just lost my holidays from last year and I will not be paid for them. This does not sound right to me can anyone help?

I guess you would need to check your contract, but that is how it works at our place.

Unstoppable_2

There is no legal right to having holidays carried over from one year to the next. It depends entirely on your contract.

LittleVoice

You cannot be recorded as sick and on holiday at the same time.

Statutory holiday entitlement cannot be paid if the holiday is not taken (unless at the time of leaving that employer if accrued in the current leave year).

RBS may have their own rules about being able to carry a certain amount of leave forward to a new leave year. You would need to check your written particulars of employment.

DCFC79

I believe rbs are right, its normal for holidays to not be carried over but it all depends on whats in the contract

McKneff

just curiosity, in the OP's case could they have come off sick pay, took 3 weeks paid holiday, then gone back on the sick again?

beccybobeccy

actually you would be entitled to the statutory minimum holiday of 168 hours whether you were off sick or not. This is working time regulations.
This includes Bank Hols so if you were paid sick pay for a time that included bank hols you would need to deduct that amount of hours from the 168.
Pre-booked holidays that you didn't take should also be deducted from this figure.

Hope this helps

butler_helen

anniehanlon wrote: »

just curiosity, in the OP's case could they have come off sick pay, took 3 weeks paid holiday, then gone back on the sick again?

yes, although in theory the OP would have to have had 3 days sick (min before docs note signing them off) then would have had to come back to take their 3 weeks pre-agreed holidays (you can't take holidays at the drop of a hat-unless you have a really understanding manager!), then had 3 days off without a doctors note, then been signed off by the doctor...

chivers1977

At Barclays you can carry 5 days "floating holiday" and people who have been off sick long term are allowed to take the accrued holiday by the end of the holiday year. If you are still off work, then I don't see that you can claim anything and you have lost the holiday as you won't get paid it.

SomeBozo

butmummac wrote: »

This does not sound right to me can anyone help?

It sound rights to me. When you are off sick you still accrue holidays like anyone else. But you have to take them in the leave year like everyone else.

This rule is applied to people at work and those off sick, so its fair.

Bozo