sickess and holiday leave

blondie21

I have been off sick since march this year after having a serious operation and my sickness due to be have been taken this year is mosyly unused. this runs until december 2011 to take your holidays. I have not been given a date to return until february 2012. my employers have told me i will loose my holidays if i havnt used them by dec 31st 2011 . can this be correct ?
OR HOW WOULD I FIND OUT WHAT THE LAW ON THIS IS ?

Uncertain

You cannot legally lose STATUTORY holiday as a result of sickness.

If you get more than the statutory 28 days per year you may lose the additional days.

paddedjohn

you still earn holidays whilst on sick leave and they carry over to the next year, you dont lose them.

SarEl

You won't loose them - they must either pay you for them or they must carry forward at least the statutory element and allow it to be taken next year. There is a lot of case law on this, But you must ask for it - you cannot assume it.

blondie21

SarEl wrote: »

You won't loose them - they must either pay you for them or they must carry forward at least the statutory element and allow it to be taken next year. There is a lot of case law on this, But you must ask for it - you cannot assume it.

All these are not statutory days approx 4 are stat and poss 15 days holidays to take....but the HR people have just said i will loose them if I dont return before the end of the year to take them....
I didnt think they could do that - my illness was a serious brain injury......i have never been off sick before.
Is it up to the employer or is there anything legal or who would know ?

paddedjohn

SarEl wrote: »

You won't loose them - they must either pay you for them or they must carry forward at least the statutory element and allow it to be taken next year. There is a lot of case law on this, But you must ask for it - you cannot assume it.

its illegal to pay for them isnt it?

McKneff

grrrrr, it's lose, not loose...............

loose is like what shoelaces are when they start to come undone.

sorry but..............................

blondie21

McKneff wrote: »

grrrrr, it's lose, not loose...............

loose is like what shoelaces are when they start to come undone.

sorry but..............................

Excuse me ....my grammar is usually excellent. I am in recovery from a BRAIN INJURY !!! I Sometimes spell words incorrectly !!!!
Who cares ? There are more important things to worry about......................................

paddedjohn

blondie21 wrote: »

Excuse me ....my grammar is usually excellent. I am in recovery from a BRAIN INJURY !!! I Sometimes spell words incorrectly !!!!
Who cares ? There are more important things to worry about......................................

i think it was a dig at SarEl;)

Googlewhacker

blondie21 wrote: »

All these are not statutory days approx 4 are stat and poss 15 days holidays to take....but the HR people have just said i will loose them if I dont return before the end of the year to take them....
I didnt think they could do that - my illness was a serious brain injury......i have never been off sick before.
Is it up to the employer or is there anything legal or who would know ?

so you get 15 more holidays than the statutory minimum.....?

In a year how many days do you actually get?

blondie21

the stat days this year are easter mon, easter tues, royal wedding in april, may day, july 12th,july 13 th.dec 25th and 26th. I was not working the two days at easter as i do shift work. its usually around 20 -24 days all together in a year. so the rest of the days i have to take will only include 2 stat days as in christmas day and boxing day. the rest are holidays to be taken........
i just want to be correct before i approach HR