Is this fair?

ZINXYX

Hi
My OH is in hospital due to pregnancy related illness.Long before she got admitted she booked two days holiday. Payslip last month shows she has not been paid for those two days. When we enquired we were told it was company policy not to pay employees holidays when those same days are covered by a sick note. We had sent them a sick note which included those two days. In effect SSP overides holiday pay even if holidays have been sanctioned months before. Is this fair?
Thanks

MrsTinks

Hmmmm I think with our company thensick over rules holiday so if you're sick when you have actually booked holiday then you don't loose your holiday... in effect this means those 2 days go back on her entitlement. That means when she's well again she can then use the days she would have otherwise used for those 2 days. So in short she doesn't loose the holidays - if however they have NOT credited the days back to her entitlement then they are definitely in the wrong. Check

Jarvisma

I agree. Normally the complaint i the other way round i.e people who find themselves off sick on a pre booked holiday don't think they should have their holiday entitlement debited and lose it. But that is normally when they are recieving full sick pay.

If your other half books and chooses to take holiday then that is up to her, if she's sick while she's on holiday really it's none of their business!

Ultimately though it may come down to just company policy and there isn't alot you can do to argue with thatas it would form part of her contract of employment.

See if you can find anything about holiday or sick pay in her contract and in the meantime hopefully someone will know where you stand legally.

CFC

ZINXYX wrote: »

Hi
My OH is in hospital due to pregnancy related illness.Long before she got admitted she booked two days holiday. Payslip last month shows she has not been paid for those two days. When we enquired we were told it was company policy not to pay employees holidays when those same days are covered by a sick note. We had sent them a sick note which included those two days. In effect SSP overides holiday pay even if holidays have been sanctioned months before. Is this fair?
Thanks

Actually the company policy is in the employee's favour in this case. The holidays and pay are not lost, they will be available to take at another time, so she can go off on maternity leave two days early if she likes

dawnydee73

In our company you cannot be off sick and on holiday at the same time. I think they are right by paying sick pay for the dates covered by the note but also make sure them 2 holidays have gone back onto her entitlement

Jarvisma

CFC wrote: »

Actually the company policy is in the employee's favour in this case. The holidays and pay are not lost, they will be available to take at another time, so she can go off on maternity leave two days early if she likes

I'd say it was in the employee's favour in the long term - as she gets the benefit of having both sick pay now and holiday pay at a later date.

But I'd say it isn't in the employee's favour in the short term if they are concerned purely with this month's take home pay - as obviously she will be getting just the sick pay (SSP) and not the full holiday pay.

ZINXYX

Thanks everybody for all your replies, I will get written confirmation as to whether she loses or maintains those 2 days.