Leave left over - not allowed to carry over but cant take it

CruisingSaver

getmore4less wrote: »

Thats for statutory only, for contractual it is policy.

Most NHS get much more than statutory.

Agreed. The annual leave policy should be the starting point as the OP/OP's wife need to ascertain whether the Trust followed its own policy.

It's the first thing that the trade union rep will look at too. If you find that the policy hasn't been followed and leave should have been carried over then HR etc don't have a leg to stand on.

CS

[Deleted User]

st999 wrote: »

Why couldn't she take her leave?

Because they couldn't manage without her if she was on leave?

So what are they doing while she is off sick?

Typical jobs-worth NHS management.

She was off sick last summer which was when some of the leave was accrued from.

Since then, although shes asked several times, shes been told the dept is too short staffed to allow her time off.

Then in January, she became ill again and has been off since then so was unable to take the leave.

[Deleted User]

getmore4less wrote: »

Thats for statutory only, for contractual it is policy.

Most NHS get much more than statutory.

Funnily enough - HR mentioned this. Whats the difference between statutory and contractual leave?

[Deleted User]

Yes, currently reading leave policy and speaking to Union.

Phil_68

[quote=[Deleted User];60543755]Funnily enough - HR mentioned this. Whats the difference between statutory and contractual leave?[/QUOTE]
Statutory is by law, contractual is by the employer contract.

Watered down for ease of explaining -

Statutory holidays are set at 28 days (inc bank holidays)
If you don't take them you lose them, employers cannot pay you for them if not taken (conditions apply)

If your contract gives you 33 days then the following applies.

You must take all 28 days (ignore sickness) but you don't have to use the other 5. By law, employers cannot pay you for unused statutory holidays, so if you don't take them you lose them. They can 'buy' back the 5 from you though.

There are rules that deal with sickness, and basic is that if you are unable to take them (statutory hols) due to illness, they can be carried over to the following leave year.

HTH.....

Phil.

[Deleted User]

Phil_68 wrote: »

Statutory is by law, contractual is by the employer contract.

Watered down for ease of explaining -

Statutory holidays are set at 28 days (inc bank holidays)
If you don't take them you lose them, employers cannot pay you for them if not taken (conditions apply)

If your contract gives you 33 days then the following applies.

You must take all 28 days (ignore sickness) but you don't have to use the other 5. By law, employers cannot pay you for unused statutory holidays, so if you don't take them you lose them. They can 'buy' back the 5 from you though.

There are rules that deal with sickness, and basic is that if you are unable to take them (statutory hols) due to illness, they can be carried over to the following leave year.

HTH.....

Phil.

OK. Have checked leave policy and it does not seem to mention a difference between statutory leave and contractual leave.

Also, it does seem to say that any leave accrued and not used due to sickness will be carried over.

But wife spoke to HR again. She gets 33 days plus 8 bank holidays pro-rata because she works 17.5 hours a week. So this is more than the statutory 26.5.

Shes got 40 hours leave owing. Not sure how HR worked it out but they said only 24 of those 40 left were statutory so thats all that can be carried over.

I'm guessing they do 26.5/41 or whatever to work out what percentage of leave left over is statutory? So 3 days left rather than 5 pretty much - 2 lost.

Better than saying you've used all you're statutory and whats left is contractual I guess?

Still a bit off that this is not mentioned in leave policy.