Redundancy Holiday Entitlement and Long term sickness

Hi all, 
I have a question, I've been told that if you are on a long term sickness your unused holidays accrue up to 3 years worth. 

I have two questions: 
1. Is this true does the holiday entitlement actually accrue if so how much is it up to 3 years of annual leave ie. 28 days a year x3 if you have been off for 4 years ? 
2. I have been off for 3 years and now they HR is telling me that if I am to be made redundant they will only pay out this years annual leave entitlement is this right ? what about the accrued ones ? 

If it's legal for them to pay me only this years if I do get made redundant, should I take some of my accrued holiday "now" so I get my moneys worth ? I have been told that you can still take holiday if you're r off on sick leave. 

Thanks

Comments

  • avawat20
    avawat20 Posts: 159
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    From https://www.acas.org.uk/checking-sick-pay/sick-pay-and-holiday-pay

    "Building up holiday when off sick

    Employees build up (‘accrue’) holiday as normal while they’re off sick.

    Workplaces can have different rules on how they pay for holiday and sick leave, so it’s a good idea to check the employment contract or any written rules the employer has.

    Long-term sick leave

    If someone has not been able to use their holiday because they’ve been on long-term sick leave, they can carry it over.

    Employees on long-term sick leave can carry over 4 weeks’ unused holiday, unless the employer allows more to be carried over. This holiday must be used within 18 months from the date it’s carried over."

    Check your absence policy and contract to see what it says.

    Re second question it will depend. If you are on sick pay at the moment I would say wait, you will get that and then either way your owed annual leave will be paid as a lump sum.

  • getmore4less
    getmore4less Posts: 46,882
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    Check carefully the contractual policy for carry over

    if they are going to impose the statutory time limit  when does the holiday year start as that could be important in determining if any carry over is about to time out and needs to be taken just in case.
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