Holiday entiletilment issue

Leedash

Firstly hello to the forum,here my issue,ive been on sick leave since april 2011 to the present day,have been paid ssp and now on contribution esa.
I am still employed by my employer,until im fit enough to carry out day to day tasks,i have had various meetings with human resources discussing matters,one was holiday entiletilment,which was told any holiday i had from 2011,was passed in to 2012,which is not a normal for this company to do and have not had this in writing,which may be passed as hearsay.
So my question is am i entitiled to any holiday whilst on leave of sick of any kind,as im not to clued up on this and thought the forum would advise me better.
I was on full time hours.

ohreally

Stringer and Pereda judgements - http://www.bis.gov.uk/policies/employment-matters/rights/working-time/case-law

Uncertain

Yes, you continue to accrue statutory holiday (i.e 28 days per year) all of the time you remain on sick leave.

If you normally get more than 28 days per year then your employer may (or may not) have rules that mean you lose the extra holiday.

Under these circumstances you have to be allowed to carry over untaken holiday from one leave year to the next even if this would not normally be allowed.

Although many employers will let you take some or all of this holiday whilst still off sick, so that you get paid for some weeks, they don't have to.

However, it will still be there for you to take if you return to work or, if you leave or are dismissed without returning, they will have to pay you for it.

Leedash

Thanks for the replies,rely to 'uncertain' how would i go about say asking for say 2 weeks of this holiday ?

Pricivius

LEEDASH wrote: »

Thanks for the replies,rely to 'uncertain' how would i go about say asking for say 2 weeks of this holiday ?

Apply in the usual way - presumably, ask your manager giving sufficient notice of the dates you wish to take.

However, bear in mind that the company may ask questions about your vacation. For example, if you are planning to go white water rafting down the Amazon, they may well question it if you are currently off with a bad back. Therefore, be sure that your trip is endorsed by your GP or consultant - it is accepted that holidays are important in maintaining mental wellbeing so it's not that you're not allowed to go away if you're off sick. Just be aware that they may ask some genuine questions to confirm you are not taking the mickey.

If the company are reluctant to let you, remind them that if you continue to accrue holiday without taking it, you will have weeks and weeks to take when you get back which could well disrupt the business moer than letting you go now.

skintandscared_2

I'm confused. If you are off sick, why do you need to take holiday?

Uncertain

skintandscared wrote: »

I'm confused. If you are off sick, why do you need to take holiday?

In order to get paid for those weeks - at the moment the OP is only getting SSP.

OP....

Keep in mind that your absence is costing the employer effectively one day's pay for ever two weeks (i.e the holiday) plus, unless they are a very small company and able to reclaim it, the cost of your SSP.

Raising these issues, if then have not volunteered it, may concentrate their minds on whether to terminate your employment.

As I say, you have a legal right to the money eventually or to the paid leave if you return. Everything else is at their discretion.

Leedash

Had ssp long time ago,now on ESA contribution,why not have this holiday ? It's mine after all,

Uncertain

LEEDASH wrote: »

Had ssp long time ago,now on ESA contribution,why not have this holiday ? It's mine after all,

As I say your employer doesn't have to give it to until you either leave or return to work. They may well but they don't have to - you can't make them.

I'm just warning that stirring it up MAY make them consider whether to terminate your employment. All the time you remain on the books will cost them 5.6 weeks pay per year or roughly one day's pay every two weeks.

Leedash

Well might be worth asking,save me taking it at a later stage.

paddedjohn

If you have a full year on the sick you will accrue 6.3 weeks leave, that is because normally you would only have to work 46.4 weeks to earn 5.6 weeks but you will have accrued 52 weeks worth instead.