Holiday pay when off sick

lyndac40

Hi everyone,

Just got a quick question and need some advice,

I have been off sick for the past year. My employer no longer pays me I am caliming ESA. What I need to know is I have 6 weeks holidays to take before December which I am not going to be able to use can I get paid for my holidays even though I am not working at the moment. I also have 25 hours in luie time that I worked last year and have not taken yet can I ask to have this paid to me. I have a meeting with them on Thursday and want to ask about this. I would appreciate some advice from anyone who knows anything about this before I go to the meeting.

Thanks

Lynda x

System

i believe you can request that they are carried over to the next year or to be paid for them. i booked a week off for an operation it didnt go to plan and half way through the week i was signed off for a week work tried to say the holiday still stood but i downloaded the recent advice from direct gov and the holiday was grudgingly reinstated.

lyndac40

Hi Chrissyg,

Thanks for your reply my employer doesn't work that way I still had 3 weeks holidays left from last year and because I wasn't there to take them and I was getting SSP at the time I lost the 3 weeks holiday.

Thanks

Lynda x

Googlewhacker

Ask ACAS for advice, I have a funny feeling that you could just book the holiday time and it doesn't affect your ESA and you get paid for the holiday.

Be aware though that if you stick your head above the parapit it may instigate procedures for dismissal on capability grounds from your company.

System

wasnt there some european judgment that changed how employers are allowed to just write off holiday owed due to sickness ? google "sickness and holidays " op sorry cant do links. employers cant pick and chose which parts of legislation they want to abide by.

Hippychick

CHRISSYG wrote: »

wasnt there some european judgment that changed how employers are allowed to just write off holiday owed due to sickness ? google "sickness and holidays " op sorry cant do links. employers cant pick and chose which parts of legislation they want to abide by.

There was, I was off sick for 18 months and got paid my holiday pay in full, but it only applies if you leave or go back to work. If you are still sick you may not be entitled to it.

http://news.bbc.co.uk/1/hi/business/7839501.stm

lyndac40

Hi hippychick,

Thanks for your reply I have just read the link you put up. Does this mean they would have to pay me for last years holidays aswell.
I have been told today I will now not be getting my operation till August so there is every chance I am going to lose this years holiday entitlement aswell. As there is no way with my recovery time I will have any chance to take 6 weeks holidays before December.


I was told by a collegue today that my 25 hours lieu time are only kept on file for 3 months and are then scrubbed does any one know if this is right. I did the lieu time so that when I was to go into hospital I could still have full pay. Now it seems I have lost that as well.

Thanks

Lynda x