Holiday pay while off sick.

Sarah69

Hi, I know I have asked before but now I've been paid I'm not sure its the right amount. I'll give you my circumstances again. I've been off sick from work since March 2010, at the end of that year I got paid my holiday pay which was unexpected as I was off work. I never got any holiday pay last year. This year at the begining of March I had a meeting with my manager and was dismissed on ill health grounds. In a letter it said I would get 3 weeks pay in lieu of notice and any holiday pay. I've been paid today but it is just the 3 weeks notice. Do I not get holiday pay for last year? Thank you in advance.

paddedjohn

Yes, whilst on sick leave you still accrue holiday pay. Contact them, it may be just an oversight.

shackalak

I was off sick all last calendar year. I kept in contact with my Union and they told me to contact them if I was likely to still be off after the end of December. The initial rules for our company were, if you don't take your holidays by the end of the year, even if you are off sick, you lose them. My Union told me that a case called the 'Stringer' case has been going through the European Courts in respect of claiming holidays when off sick. Apparently, its quite a complicated case and not all Human Resources departments know the ins and outs of how it works.

In my case, my Union spoke with my HR department. I was receiving prolonged sickness benefit of 75% of pay but they arranged for the 30 days which should have been holidays to be paid at the full pay rate. They also carried forward 2 days holiday to this current year.

I would definitely check this out with your work and quote 'The Stringer Case', they'll probably know what you mean.

Hope you get it sorted out.

mynameistallulah

Wow, no work done yet you still expect holidays ... One wonders why the disabled find it so difficult to find employment!

McKneff

It is employment law that holiday pay accrues whilst on the sick.
(and I bet you knew that already:rotfl::rotfl:)
you little monkey............

mynameistallulah

McKneff wrote: »

It is employment law that holiday pay accrues whilst on the sick.
(and I bet you knew that already:rotfl::rotfl:)
you little monkey............

The law has become more restrictive since Stringer, but I still don't agree with it so I'm not telling!

Sarah69

mynameistallulah wrote: »

Wow, no work done yet you still expect holidays ... One wonders why the disabled find it so difficult to find employment!

I worked for a year thanks very much. I have osteoarthritis and I'm in chronic pain 24/7, I am due to have a hip replacement next month. Not everyone wants to be on benefit I certainly don't, I have had to have a DRO and not working has caused depression Don't make sarcastic comments about people's lives you know nothing about

mynameistallulah

Sarah69 wrote: »

I worked for a year thanks very much. I have osteoarthritis and I'm in chronic pain 24/7, I am due to have a hip replacement next month. Not everyone wants to be on benefit I certainly don't, I have had to have a DRO and not working has caused depression Don't make sarcastic comments about people's lives you know nothing about

So why do you feel that you are entitled to holiday pay for a period when you have contributed nothing to the business?

McKneff

It possibly also depends on when your holiday year ends.

Sarah69

mynameistallulah wrote: »

So why do you feel that you are entitled to holiday pay for a period when you have contributed nothing to the business?

It was in a letter from my manager confirming the termination of my employment. That I would get 3 weeks notice pay and any holiday owing to me. In 2010 when I went off work sick i received holiday pay at the end of that year. I posted this question before and was told i should get it. I have rung CAB and have said I'm entitled to it.

paddedjohn

McKneff wrote: »

It possibly also depends on when your holiday year ends.

If you are on the sick your holidays still accrue and you can't lose them if you don't take them during the holiday year