holiday pay while sick

catford

having been off work sick for 22wks am i due my accrued holiday pay at my normal hourly rate when i return to work,or as my employer suggests.at the ssp hourly rate? anyone help?

Bossyboots

I found this by Googling http://www.kimbells.com/News/NewsRead.asp?ID=EMP10#1

I have no knowledge of the firm whose site this is but would anticipate the information is correct.

zzzLazyDaisy

You are entitled to be paid holiday pay at your normal hourly rate for the first 4 weeks holiday under the Working Time Regulations.

Interestingly, you would be entitled to full accrued holidays, even if you were still on sick leave!

http://www.unifi.org.uk/barclays/briefings/longtermsickhols.htm

BUT there is a caveat - if you haven't taken your holidays by the end of the leave year, then you lose them - UNLESS it states in your contract that they can be carried over to the next year.

Your contract or employee handbook should tell you when your leave year starts, but it this has not been agreed, then, by law, the leave year starts on 1st October.

See here for further information -

http://www.adviceguide.org.uk/index/life/employment/holidays_and_holiday_pay.htm#anc_whohastherighttopaidhols

If you think you might lose part of your holiday entitlement because of the way the leave year falls in your company, then I'd just show your employer a copy of the Barclays case (see above) and let him go away and make his own enquiries - it is not your job to act as his legal adviser.

shrek101

Yes you are entitled to leave when you are sick, I have known people myself included that has got this.

Blade26

A recent ruling at the Court of Appeal (last Friday, 22nd April) in the case Inland Revenue Commissioners v (1) K Ainsworth (2) S Kilic (3) C O Stringer (4) M Thwaites [2005], held that that workers on long term sick leave are not entitled to be paid for their statutory entitlement to four weeks annual leave in a year when they have not been able to attend for work. Nor are they entitled to compensation for such leave upon the termination of their employment during that leave year. This decision overturns Kigass Aero Components Ltd v Brown [2002].

Hope this offers some clarification on the matter.

Blade26

Blade26

http://www.cobbetts.co.uk/main/cms/cmRender.asp?i=1374

http://www.personneltoday.co.uk/Articles/2005/04/27/29462/No+holiday+rights+for+people+on+long-term+sick+leave.htm

shrek101

I used that case "Kigass Aero Components Ltd v Brown" when I took my employer to Industrial Tribunal some years back.