Sick Leave/Annual leave

LittleVoice

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.

Has it been confirmed at the UK statutory minimum or are you relying on the ECJ which relates to 20 days?

Uncertain

LittleVoice wrote: »

Has it been confirmed at the UK statutory minimum or are you relying on the ECJ which relates to 20 days?

I'm not sure. Any time I've had any involvement with this issue it has always been treated as the full statutory entitlement of 28. In most cases the employee has had a normal entitlement of 33 days but the employer has cut it back to the statutory minimum.

Uncertain

skibadee wrote: »

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

Well, if this goes back six years or more (five in Scotland) there would be no way of enforcing it anyway as it would be statute limited! You could have an intellectual debate about whether they owe you any money but there would be no way of making them pay.

oneblondebrow

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.

I agree with this, I recently had an issue with my employer using my annual leave entitlement for days that I was off sick, I had to get ACAS involved and eventually it was agreed that my company using my annual leave entitlement was in breach of my rights to annual leave. It was in breach of 2 legislation's apparently (cannot remember exactly what they were though).