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Holiday entitlement when off sick

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  • Blatchford wrote: »
    I did not say that. I said that whether your employer allows you to carry over any leave over and above statutory leave is up to them and their policy, so nobody here can tell you what your employer does. Yes, you could lose some of it if that is your employers policy. But nobody here can tell you that. You will have to ask them.
    ok thanks but by law they don't have to so if they say no then that's ok?
  • ok thanks but by law they don't have to so if they say no then that's ok?
    For any part that is more than the statutory 28 days (including public holidays), then yes, they can refuse. What rules they determine to have around that part are up to them and not the law. You were not clear what your entitlement is - you said you had taken 4 weeks and had 2.5 weeks left, but not whether that included public holidays. Statutory entitlement is 28 days including public holidays. So whatever part is more than that is for your employer to decide the rules.
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    YEs, anything over the statutory holiday would be governed by you own employers rules and policies. Which may say that you can carry the leave over, may say that you will get paid in lieu, may say that it can be carried forward for a limited time (e.g. must be used in the fist month / 2 months of the new holiday year) or may say that you lose it.

    You would need to check your hand book.

    Also - are you sure that you are entitled to sick leave? If it is an elective procedure it may not technically count as sickness so you might be asked to use some of you holiday time to cover the absence for the op.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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