Holiday booked during sick leave

Concerned75

Would like some advice or an answer if possible please.
I booked 2 days off work as holiday. 2 weeks later, I found out that I would be having an operation. I told my employer that it would involve 2-3weeks off work.
During this sick leave on SSP( there is no sick pay at this employment) are my 2 days holiday still booked. Should my employer still pay me my 2 days holiday? I'm hoping that is the case, as SSP is not much when you have bills to pay.
Thanks

suki1964

You can't get paid holiday whilst on sick pay.

Your holiday has to be held over

Mr_Singleton

What does your contract say?

Undervalued

suki1964 wrote: »

You can't get paid holiday whilst on sick pay.

Your holiday has to be held over

No.

That may be the rule at your employer but it is not a legal requirement or by any means universal.

If the employer agrees there is no reason at all why an employee can't opt to use some of their holiday when they would otherwise be off sick.

Concerned75

There is no work contract at this place, as is much the case with small 10-20 staffed businesses.
I didn't know I was going to have this operation, hence holiday was booked at this time.
SSP is only £70pw which doesn't touch the sides of my mortgage, not to mention other household bills.
I would just appreciate it, if nothing else than under these unusual unforseen circumstances that could receive the money that I'm legally entitled to, so I can pay my bills at the end of the month.

ohreally

You will be on sick leave, the arranged a/l should be cancelled and back in the pot.

Undervalued

Concerned75 wrote: »

There is no work contract at this place, as is much the case with small 10-20 staffed businesses.
I didn't know I was going to have this operation, hence holiday was booked at this time.
SSP is only £70pw which doesn't touch the sides of my mortgage, not to mention other household bills.
I would just appreciate it, if nothing else than under these unusual unforseen circumstances that could receive the money that I'm legally entitled to, so I can pay my bills at the end of the month.

There is a contract, you turn up and work and they pay! A contract of employment is not simply a sheet of paper with the word contract on it.

As I said earlier ask them if they will agree to let you use some of your annual leave during that time. They don't have to agree but they may well. In fact it actually saves them a little money as they would otherwise have to pay the SSP. Even small businesses no longer get it back from the government.

Placitasgirl

You can't be on holiday and sick at the same time. You'll presumably a fit note from the hospital/your GP throughout the period of your surgery & recuperation & this should trigger SSP for the dates it covers. Your employer should credit you with the 2 days leave approved before you knew about your sickness absence.

Concerned75

There is a contract, you turn up and work and they pay! A contract of employment is not simply a sheet of paper with the word contract on it.

By description, that's not a contract. That's an arrangement automatically made by employer and employee.
There is a difference between sick pay, which would be outlined on a hardcopy document and SSP which is a legal entitlement to all persons in work by law. By the way, I found this bit of information:

Legislation exists which allows workers to take statutory holiday while they are off sick. This means that workers on long-term sick leave can take holiday and be paid for it, even where they have exhausted their right to statutory and/or contractual sick pay.

An employee can ask to take their paid holiday for the time they’re off work sick. They might do this if they don’t qualify for sick pay, for example. Any rules relating to sick leave will still apply.

Takeaway_Addict

Concerned75 wrote: »

By description, that's not a contract. That's an arrangement automatically made by employer and employee.
There is a difference between sick pay, which would be outlined on a hardcopy document and SSP which is a legal entitlement to all persons in work by law. By the way, I found this bit of information:

Legislation exists which allows workers to take statutory holiday while they are off sick. This means that workers on long-term sick leave can take holiday and be paid for it, even where they have exhausted their right to statutory and/or contractual sick pay.

An employee can ask to take their paid holiday for the time they’re off work sick. They might do this if they don’t qualify for sick pay, for example. Any rules relating to sick leave will still apply.

It is still a contract in law

paddedjohn

Concerned75 wrote: »

By description, that's not a contract. That's an arrangement automatically made by employer and employee.
There is a difference between sick pay, which would be outlined on a hardcopy document and SSP which is a legal entitlement to all persons in work by law. By the way, I found this bit of information:

Legislation exists which allows workers to take statutory holiday while they are off sick. This means that workers on long-term sick leave can take holiday and be paid for it, even where they have exhausted their right to statutory and/or contractual sick pay.

An employee can ask to take their paid holiday for the time they’re off work sick. They might do this if they don’t qualify for sick pay, for example. Any rules relating to sick leave will still apply.

See post #4, an employee can request the holiday but it doesn't have to be granted during sick leave just as it can be refused at any other time.