Holiday entitilement

Leedash

Hello all,ive currently been off sick since may off this year,im still currently employed with my employer.The question is would i still be entiltled to holiday days,as i may need to be off pass my 28 week sick days.

Googlewhacker

yes but you cannot force them to pay you it when sick pay stops. They are likely to pay you at the end of the holiday year or when you get back to work or when you leave work

Uncertain

Googlewhacker wrote: »

yes but you cannot force them to pay you it when sick pay stops. They are likely to pay you at the end of the holiday year or when you get back to work or when you leave work

Yes, that is correct.

Just to clarify you continue to accrue statutory holiday all the time you are off sick. If your firm give more than the statutory minimum (28 days per year) then they can set whatever rules they like for the additional days so you may not get them. Also you cannot lose your holiday as a result of being sick so any normal carry over rules would not apply.

Most employers would be quite happy let you take the holiday when SSP runs out as they know they will have to pay it at some point but as GW says you can't actually force them to agree to this.

Should you not return to work they will have to pay it after you leave.

Leedash

my ssp runs out at the end of next week,i have roughly about three weeks holiday left,in pass experience this work place does not pay you any days if you have any left or carry them over to the next year,im not wanting the days while on ssp only after.

Uncertain

LEEDASH wrote: »

my ssp runs out at the end of next week,i have roughly about three weeks holiday left,in pass experience this work place does not pay you any days if you have any left or carry them over to the next year,im not wanting the days while on ssp only after.

As stated you cannot lose statutory holiday as a result of being off sick. By law they would have to carry any untaken holiday over to the next year if you are unable to take it or pay you for it if you leave.

Leedash

so if they dont carry them over,should they pay u for them at the end of the year,because i have lost weeks with this firm before,no carry over or any payment

Uncertain

LEEDASH wrote: »

so if they dont carry them over,should they pay u for them at the end of the year,because i have lost weeks with this firm before,no carry over or any payment

You only have a legal right to carry holiday over if you are unable to take it because you are off sick.

If you are not off sick then the firm can pretty much tell you when you must take your holiday but you MUST be allowed to take it.

I think, if both you and the firm agree, you can carry a small amount over but I'm not up to date on the exact details.

All of this applies to STATUTORY holiday (28 days per year). The firm can have whatever rules they like (including losing it if you don't take it) for any ADDITIONAL holiday.

If you leave the firm can insist that you take any holiday due during your notice period or (their choice not yours) opt to pay you for it after you have gone. They have to do one or other and you could easily win a claim against them if they don't

Leedash

so if they refuse say after next week il basically lose it.If i say i want it say the final three weeks of dec and they say no,they have still got to pay me for this ?

Googlewhacker

LEEDASH wrote: »

so if they refuse say after next week il basically lose it.If i say i want it say the final three weeks of dec and they say no,they have still got to pay me for this ?

Are you seriously not reading what Uncertain is saying, you CANNOT lose the statutory part of holidays due to be on the sick. You MAY lose the holiday that is greater than Statutory but only if its in the employers contract.

They MAY pay you at the end of the holiday year or they may allow you to take it off when you get back to work (even if its past the holiday year).

If you are unable to go back and they dismiss you on capability reasons (or you resign or any other reason for leaving) then they MUST pay the holiday at the end.

Leedash

yes valid point,my job is being kept open,which is a bonus but beings my ssp runs out next week and i have holiday left,thought i could use it until ive finished threapy im having,which lasts for another 3 weeks.

Googlewhacker

LEEDASH wrote: »

yes valid point,my job is being kept open,which is a bonus but beings my ssp runs out next week and i have holiday left,thought i could use it until ive finished threapy im having,which lasts for another 3 weeks.

If you have an end date then your company will probably be more leniant and allow you to take holiday...however they may not react that well when they find out that they have to pay you (as you can see their point, lots of months of sick and then you finish the year with holiday that they have to fork out for and they have had no benefit job wise....so just be aware of this and please be tactful!) the sick pay.