Holiday entitlement when off sick
i-want_that_one
Posts: 38 Forumite
Hi I’m due to have an operation in 2 weeks time and expect to be off work for 8 weeks after.
I have not used all my holiday entitlement yet I still have 2 and a half weeks left to take ( I have already had 4 weeks) which I did have booked for March but will now be on sick leave.
I’m due back in work around the 20/3 but won’t be able to use holiday then as someone else is off and we can only have one person off at a time.
Does my employer have to let me carry this entitlement over to next years holiday or do I lose it?
I have not used all my holiday entitlement yet I still have 2 and a half weeks left to take ( I have already had 4 weeks) which I did have booked for March but will now be on sick leave.
I’m due back in work around the 20/3 but won’t be able to use holiday then as someone else is off and we can only have one person off at a time.
Does my employer have to let me carry this entitlement over to next years holiday or do I lose it?
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Comments
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If you can't use it because you're off sick you'll be able to carry it over but you really need to talk to them now, maybe see if they can let you have some of the days off before the operation or if they want to be flexible with the policy of having one person off afterwards.0
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When you are recovering will you be on full pay (company sick pay) or just statutory?0
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If you can't use it because you're off sick you'll be able to carry it over but you really need to talk to them now, maybe see if they can let you have some of the days off before the operation or if they want to be flexible with the policy of having one person off afterwards.
This. Though to add they could pay you rather than let you carry it over. But you should not lose it due to sickness or their policy.0 -
LittleVoice wrote: »When you are recovering will you be on full pay (company sick pay) or just statutory?
Company sick pay0 -
If you can't use it because you're off sick you'll be able to carry it over but you really need to talk to them now, maybe see if they can let you have some of the days off before the operation or if they want to be flexible with the policy of having one person off afterwards.
I won't be able to have anytime off before the op but can ask about after the op. Im not 100% sure though if I will be back before the end of the financial year.0 -
i-want_that_one wrote: »Im not 100% sure though if I will be back before the end of the financial year.
Which people must assume is also your holiday year? (Mine is not).0 -
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Not true. Statutory leave cannot be "bought" unless your employment is ending. So they cannot pay for any statutory leave due. Any statutory leave which an employee is unable to take due to sickness must be carried over and they must be given an opportunity to take it (although the employer can reasonably dictate how long they may retain it for).This. Though to add they could pay you rather than let you carry it over. But you should not lose it due to sickness or their policy.
Given the OP appears to say that their annual leave is at least 6.5 weeks that is more than statutory. Whether they can be paid or whether they can carry over that additional leave is up to the employers policy. Increasingly many employers are not allowing carry over of additional leave entitlement for those on medium or long term sickness - even a lot of public sector employers (who tend to offer better conditions than many) are not allowing carry over of additional leave.0 -
Blatchford wrote: »Not true. Statutory leave cannot be "bought" unless your employment is ending. So they cannot pay for any statutory leave due. Any statutory leave which an employee is unable to take due to sickness must be carried over and they must be given an opportunity to take it (although the employer can reasonably dictate how long they may retain it for).
Given the OP appears to say that their annual leave is at least 6.5 weeks that is more than statutory. Whether they can be paid or whether they can carry over that additional leave is up to the employers policy. Increasingly many employers are not allowing carry over of additional leave entitlement for those on medium or long term sickness - even a lot of public sector employers (who tend to offer better conditions than many) are not allowing carry over of additional leave.
So I will end up losing the 2 1/2 weeks if not taken before the end of March even if employer refused me time off work now before my op?0 -
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.i-want_that_one wrote: »So I will end up losing the 2 1/2 weeks if not taken before the end of March even if employer refused me time off work now before my op?0
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