Xmas holidays and Statutory Sick Pay

alric

Currently I am on  Statutory Sick  Pay, and my employer shuts down for 10 days or so over Xmas, so everybody has to take some of their holiday entitlement over xmas.
Does this mean I will lose my holiday entitlement or what?
Will I only get sick pay?, will I get my holiday entitlement to take at another time?
And what about Bank Holidays Pay? Do I miss out on all that too?

Savvy_Sue

You'll have to check with your employer, but are you likely to remain sick throughout the holiday period, or would you be back at work if that were possible? 

If you'd still be sick, I'd expect you to get SSP and have your holiday entitlement at another time. 

If you'd be able to return to work, then you need to tell your employer this and ask to be returned to normal salary, which will use up some of your holidays. 

Does your employer pay an enhanced rate for BHs? Again, ask them what would happen with this if you were not on SSP. 

Undervalued

alric said:

Currently I am on  Statutory Sick  Pay, and my employer shuts down for 10 days or so over Xmas, so everybody has to take some of their holiday entitlement over xmas.
Does this mean I will lose my holiday entitlement or what?
Will I only get sick pay?, will I get my holiday entitlement to take at another time?
And what about Bank Holidays Pay? Do I miss out on all that too?

As far as statutory holiday is concerned (5.6 weeks per year - 28 days if full time) you cannot lose it by being off sick. So, if you are signed off sick then your holiday is available to take at another time.

If you get more than the statutory minimum holiday then different rules, set by your employer, may apply to those extra days.

An employer can dictate when you can and cannot take your holiday, just by giving fairly minimal notice.

There is no legal right to "bank holiday pay" or indeed to bank holidays at all. Your employer may offer enhanced pay to those that work them, that is a contractual matter which you will need to check with them.

TBagpuss

YEs - what undervalued says . Although be aware that you normally have to follow your employers rules around sickness even during a period wjhere you would have been on holidy if you weren't sick, so make sure that your do - this might mean making sure that you speak to them on the last day they are open in order to confirm that you are still sick and to double check what, if anything, they need from you to confirm if you remain sick over the ehole of the chirstmas shut down period. 

Savvy_Sue

TBagpuss said:

YEs - what undervalued says . Although be aware that you normally have to follow your employers rules around sickness even during a period wjhere you would have been on holidy if you weren't sick, so make sure that your do - this might mean making sure that you speak to them on the last day they are open in order to confirm that you are still sick and to double check what, if anything, they need from you to confirm if you remain sick over the ehole of the chirstmas shut down period. 

Equally, if you have a Fit Note which runs out between Christmas and New Year, you need to let your employer know that you would be returning to work wef X date, were that possible, so please can they end your SSP and start paying you whatever you'd be entitled to by way of holiday pay. 

alric

ok thanks
I believe we normally get paid  for bank holidays, and extra if we choose to work them, but since Im on SSP I suppose I'll just get regular SSP rate

Savvy_Sue

I feel like a cracked record, so let's phrase it differently. 

Unless your employer knows you remain on sick leave, as evidenced by you giving them a fit note for the period, they may pay nothing. So, have you talked to your manager / HR to confirm you're still sick?

alric

I kept them up to date with sickk notes.
I thought it best to understand my options before calling the manager and committing myself
So it seems to have worked out quite well