off sick and holiday pay

mingbop

OH went off sick in Oct 2007. Holiday year runs 31 march- 1st april. Handed in his notice this week --now he has left, is he due any holiday pay ?

therealdessie

Yes, you still accrue while on sick leave as you're still employed. However the company might argue the entitlement wasn't taken in time, but that would be pretty flimsy as he was sick.

Entitlement (in terms of pay at hourly rate per day) is counted on the average of hours worked in the past 13 weeks where there's no set day, so this should be taken for the period before sick leave.

floss2

He may lose any holidays he had accrued last holiday year. He "should" be due 9/52 or 2/12 of his annual rate

mingbop

Floss, I dont understand. sorry So you think he isnt entitled to any then ?
Holiday year ran from 31/3/2007 to 1/4/2008. He worked until the beg. of oct. Will he be entitled to anything at all ? Sorry its me who isnt understanding you .

Savvy_Sue

they may say that he should have asked for some paid leave before the end of the leave year, and that it can't be carried forward into a new leave year.

I'm not sure if that's strictly legal or not. But talking to your HR department is the first step.

floss2

What I meant was what savvy_sue said.....he would have been entitled to leave that had been earnt whilst he was off sick, and the company may say he should have taken this at the end of March (or asked if he could be paid). The company may say he is only due what has been built up since 1 April, which, depepdning on how they calculate it, could be either 9/52 or 2/12 of his annual rate (9 full weeks or 2 full months)

LittleVoice

Did he take any holiday in the period 31 March 2007 to the time he began his sick leave? Given that that covers the summer holiday period, most people would have taken more than the amount actually accrued to the date of going on sick leave.

floss2

But he had been off sick for 6 months....including Christmas....and Easter

LittleVoice

If he was entitled to x number of days holiday plus bank/customary holidays then you can ignore the Christmas 2007 and Easter 2008 bank holidays - he didn't have them because he wasn't working immediately before and after. (He would have had Easter 2007 and the May and August 2007 bank holidays.)

If he was entitled to, say, 24 days holiday (statutory minimum) and had been expected to use some of that entitlement for bank holidays, then if he had taken just two weeks in the summer and Easter, May and August bank holidays he would have used more than all his entitlement accrued up to the time he began sick leave.

Was he paid full pay for the sick months? Did his full sick pay end after six months? Is he fit for work now?

Statutory paid holiday is not able to be carried forward to another year, so he has lost that.

Additional company paid holiday can be carried forward - subject to agreement with employer. If he had agreement to take that forward to a new holiday year, then he should have been paid for that when he left.






H

janie63

very slightly off topic.............i am currently on sick leave but had booked a holiday for Monday- not due to return to work until at least next Thursday (have got a sick note) my question is will the booked holiday in the middle make this count as 2 separate periods of sickness? should i cancel the 'holiday'?

any help much appreciated

SomeBozo

janie63 wrote: »

very slightly off topic.............i am currently on sick leave but had booked a holiday for Monday- not due to return to work until at least next Thursday (have got a sick note) my question is will the booked holiday in the middle make this count as 2 separate periods of sickness? should i cancel the 'holiday'?

any help much appreciated

If you are signed off sick by a doc and have annual leave booked, most employers will let you cancel the holiday and add it back to your leave.

Its not something you should leave to when you get back, you need to phone and let your employer know what you want to do.

Bozo