Sick Leave/Annual leave

skibadee

Could anyone tell me if you are on long term sick ie., 10mths do you still accrue annual leave?

I know women on maternity leave do, was just wondering as to the above.

annie_d

Yes, I think you do.

mildred1978

skibadee wrote: »

Could anyone tell me if you are on long term sick ie., 10mths do you still accrue annual leave?

I know women on maternity leave do, was just wondering as to the above.

Yes, but potentially only at statutory level (ie 28 days per annum which can include bank holidays). What does your company handbook say?

Uncertain

Yes, you continue to accrue at least the statutory entitlement of 28 days per year. If you get more leave than this then your employers may have rules restricting the additional leave.

Also, you cannot lose this leave as a result of crossing the year end. Any rules that would prevent carry over do not apply. Your employer may let you take some or all of the leave whilst you are off sick (so as to get full pay for those weeks) but they don't have to. It would then be there for you to take once your return to work or, if you don't return, they will have to pay you for it after your leave.

skibadee

mildred1978 wrote: »

Yes, but potentially only at statutory level (ie 28 days per annum which can include bank holidays). What does your company handbook say?

Haven't got a company handbook...small company (childrens day nursery)....no contracts either...even though I've been there for years!!!

skibadee

Uncertain wrote: »

Yes, you continue to accrue at least the statutory entitlement of 28 days per year. If you get more leave than this then your employers may have rules restricting the additional leave.

Also, you cannot lose this leave as a result of crossing the year end. Any rules that would prevent carry over do not apply. Your employer may let you take some or all of the leave whilst you are off sick (so as to get full pay for those weeks) but they don't have to. It would then be there for you to take once your return to work or, if you don't return, they will have to pay you for it after your leave.

Is this a new rule? This is something that happened a few years ago and I have only just been informed by someone that they thought I should of still accrued annual leave?

Uncertain

skibadee wrote: »

Haven't got a company handbook...small company (childrens day nursery)....no contracts either...even though I've been there for years!!!

A contract exists by virtue of the fact that you work, they pay. It doesn't have to be written down but obviously it is easier if it is!

Uncertain

skibadee wrote: »

Is this a new rule? This is something that happened a few years ago and I have only just been informed by someone that they thought I should of still accrued annual leave?

Reasonably new yes (4 or 5 years??).

Google Stringer v HMRC if you are interested.

skibadee

Uncertain wrote: »

Reasonably new yes (4 or 5 years??).

Google Stringer v HMRC if you are interested.

Thank you

paddedjohn

even though you should have been accrueing holiday when you were off i think the onus is on you and not the company to make sure that they are taken in the holiday year that you return to work (unless they need carrying over due to lack of time to take them)

skibadee

paddedjohn wrote: »

even though you should have been accrueing holiday when you were off i think the onus is on you and not the company to make sure that they are taken in the holiday year that you return to work (unless they need carrying over due to lack of time to take them)

Unfortunately I wasn't aware of the facts at the time

Also it was probably too many years ago now anyway if rule only came in in past 4 - 5 years...oh well you live and learn