Normal holiday pay & SSP??

DEBTMONKEY1A

Hello again all...thanks for all your advice so far!

Ok...not to sure about this one....at least I thought I was sure??!

been on SSP since about 17 April. last sick-note expired on 29/5....however 30/5-9/6 I was on pre-booked annual leave....now I know that 2 of these days would have been 'days-off' (& as no SSP going on or doc note I realise i would not be paid at all for those 2 days) but FIVE of those days (a usual working week) were holiday. Surely I should have been paid my NORMAL wage just for that week & then back to SSP (got a new note from 10 June)??!! Just checked today & still only SSP??!

Who is right or wrong?? And before any implies anything (even though other 1/2's various claims have not come through yet!) the authorities would of course have been notified of a change in circumstances.

My feeling is that I SHOULD have got a weeks wage for the one week pre-booked hol-any ideas??

SomeBozo

If you are on long-term sick leave you cannot claim holiday pay at the same time. I think the fact your sick note ended at the beginning of leave is neither here nor there I'm afraid.

Had you had the leave signed off from work?

Bozo

DEBTMONKEY1A

Somebozo-sorry to be dumb-what does 'signed off from work' mean?? If it means was it pre-arranged/organised then YES-arranged in January??! As I'm still employed by them I can't understand why I've not been paid a 'normal' wage just for that week??? When I go back to work does this mean I'll be paid the extra I'm owed or arrange holiday for a later date? I would try & communicate with them but relations are 'frosty' to say the least!

SomeBozo

Somebozo-sorry to be dumb-what does 'signed off from work' mean??

It just means that when you requested the holiday, your employer agreed to it, which it sounds like they did.

My point is this. If your sick note had been in effect when your holiday was taken, you would not be paid "holiday pay" but "sick pay".

As it happens you had a gap in your sick note, meaning that you expected to be paid full holiday pay.

However since your sick note started again just after, it means that at the time of your holiday, you were still ill and not fit for work, hence you don't get paid it as holiday, but as sick (if at all as there was no note).

Thats my take on it. I would certainly check it with your HR department or ACAS.

Bozo

DEBTMONKEY1A

Thanks-will look in to it further!

Jules

This doesn't directly relate to the OP's query but there has been a judgement by the European Court of Human Rights in regard to sickness and holiday pay and the House of Lords have also just made a ruling.

Employees on long-term sick leave are entitled to take all holiday they have accrued when they return to work, the House of Lords ruled yesterday.

http://www.cityam.com/news-and-analysis/gj9lg6qey6.html

Good news for all those on long term sick, maybe not so good for the employers!

SomeBozo

Jules wrote: »

This doesn't directly relate to the OP's query but there has been a judgement by the European Court of Human Rights in regard to sickness and holiday pay and the House of Lords have also just made a ruling.

Employees on long-term sick leave are entitled to take all holiday they have accrued when they return to work, the House of Lords ruled yesterday.

http://www.cityam.com/news-and-analysis/gj9lg6qey6.html

Good news for all those on long term sick, maybe not so good for the employers!

That is good news. Any employer it stings is on their own as they should be helping the employee to get back to work, let this be an incentive to them!

It doesnt help the OP (as you state) as he/she is not at work and the relationship with work seems to have broken down!

Bozo

DEBTMONKEY1A

Hi guys...called CAB who gave me a number for free local law advice-they definately are in the wrong & owe me. Maybe an oversight on their part but will whack em' an e-mail accross. Will let you know how it pans out.