Long term sick and bank holidays
Taxus2010
Posts: 6 Forumite
I'm hoping someone can help me with a small issue I have you my holidays at work.
At the beginning of this year I was off sick, with depression, for 12 weeks. Some of that time fell over the Easter bank holidays. Now my holiday entitlement is made up of 21 days + bank holidays. Now as I was off sick during the two bank holidays and as I didn't get paid for them, other than SSP, I'd like to know if my employer owes me either those 2 days back or 2 days pay? We get paid for bank holidays.
If anyone can advise me that would be great.
At the beginning of this year I was off sick, with depression, for 12 weeks. Some of that time fell over the Easter bank holidays. Now my holiday entitlement is made up of 21 days + bank holidays. Now as I was off sick during the two bank holidays and as I didn't get paid for them, other than SSP, I'd like to know if my employer owes me either those 2 days back or 2 days pay? We get paid for bank holidays.
If anyone can advise me that would be great.
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Comments
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Surely if you're not at work, then you're not entitled to be paid for a holiday?0
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You still accrue holiday entitlement during sick leave so the bank holidays you never had off should be added onto your remaining entitlement.Be Alert..........Britain needs lerts.0
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nomoneytoday wrote: »Surely if you're not at work, then you're not entitled to be paid for a holiday?
Unfortunately this isn't true. As above, if you are ill when you are off you do get your holidays back but the OP needs to claim this from the employer.
They also should think about how annoyed the employer might be when they raise this point.Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked0 -
A full time employee is entitled to 28 days paid leave during the company holiday year. This includes bank holidays. You do not lose and part of your annual holiday entitlement when you are off sick; the reasoning being that you get a beneficial break from work, which you cannot do if you are sick.
So for OP, what matters is that during the holiday year, s/he gets the full 28 days statutory leave, which will include any bank holidays that she does get off.
However, note this ONLY applies to statutory leave. If the employer has a more generous holiday allowance, then they are entitled to make whatever contractual arrangements they wish regarding the additional days' holidays, and in that instance, this could still result in OP losing the two bank holidays.
On a side note - the original post was posted on Monday of this week. We are now on Friday night. That's four working days if you do not count the first day, and presumably there is now no chance of a response from a CAB adviser until Monday of next week. What happened to the CAB aiming to respond within two working days?I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
as i said , OP needs to check and list their contract/ terms and conditions
it was only moved to this board yesterday when they did the 4 sub board set ups, before then it was just another post on the old threads which is why it was permitted for me to do a maiden reply under the old ruleszzzLazyDaisy wrote: »On a side note - the original post was posted on Monday of this week. We are now on Friday night. That's four working days if you do not count the first day, and presumably there is now no chance of a response from a CAB adviser until Monday of next week. What happened to the CAB aiming to respond within two working days?
as its now here, Cab is technically not yet overdue with their reply and others should not have posted since CAB has not yet given a first response on the CAB board
all rather irrelevant anyway since my first reply seems to have scared the OP off as they have never been back0 -
Oh, thanks for the explanation.
That probably explains why we also have a thread on here that has been running since July, and is still waiting for a reply from CAB (I didn't comment on that one... I was just too bamboozled!!) I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0
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