Are holidays accrued whilst on long=term sick?

[topsparks]

The initial message was deleted from this topic on 11 September 2009 at 21:23

[grumbledoak]

I don't know whether to laugh or cry...

[ridds]

They do if they are on Maternity leave (did at the last place I worked)

"Hi, yeah I'm off to have a baby for 13 months"

"Sorry your Maternity leave is 12 months"

"Yeah plus my 4 weeks leave ta."

"Bugger."

[grumbledoak]

topsparks said:

Sorry have I missed something here?

Are you suggesting that you know someone who is legitimately sick enough to qaulify for long term benefits, yet is confident that he'll be well for a two week stretch in the Maldives? Followed, presumably, by a bit more time 'sick'?

Edited by grumbledoak on Thursday 10th September 21:03

[nownek]

Recent European Court of Justice judgement in this area. A quick google turned up this which refers: http://209.85.229.132/search?q=cache:Q4Q5a3wq0qIJ:...

Wifey's dealing with this at work at the moment with one of her employees.

The lunatics truly have taken over the asylum.

Edited by nownek on Thursday 10th September 21:12

[grumbledoak]

topsparks said:

No I'm an employer who has an employee who is on long-term sick and was wondering if the employee accrued holidays whilst off sick.

Not being a lawyer, I'll defer; I'm sure someone will be along.

But your 'employee' would appear to be taking the piss. He's probably "got roights".

Edited by grumbledoak on Thursday 10th September 21:22

[bonsai]

grumbledoak said:

topsparks said:

No I'm an employer who has an employee who is on long-term sick and was wondering if the employee accrued holidays whilst off sick.

Not being a lawyer, I'll defer; I'm sure someone will be along.

But your 'employee' would appear to be taking the piss. He's probably "got roights".

Edited by grumbledoak on Thursday 10th September 21:22

Yes, I would be seriously aggrieved if I was in that situation, would be looking at getting rid at the earliest possible opportunity.

Is this something a long term sick employee has asked or is this merely you wondering?

[nownek]

topsparks said:

nownek said:

Recent European Court of Justice judgement in this area. A quick google turned up this which refers: http://209.85.229.132/search?q=cache:Q4Q5a3wq0qIJ:...

Wifey's dealing with this at work at the moment with one of her employees.

The lunatics truly have taken over the asylum.

Edited by nownek on Thursday 10th September 21:12

I've received conflicting advice from people and wasn't sure if it was actual law that we had to pay the accrued holidays. I've got a feeling we will have to pay the employee the accrued holidays which is going to be a financial nightmare for us as we are only a small company.

I've not had to deal with this directly- I suspect most of the people I work with would be too ashamed to even bring it up as an issue. However my wife's in the civil service so not only is she surrounded by people taking the piss but also the environment's very right-on. My understanding from her experience is that this ECJ judgement is fairly unambiguous such that you would have to pay the accrued leave. This is being challenged though and there may be legislation as a result (although not sure what can actually be done given the European dimension).

Hopefully there'll be a lawyer along in a minute to clarify.

[Tuscanless Ali]

All the time they are employed by you, they are accruing holiday pay, they cannot take it whilst sick though and are not entitled to payment in lieu of any untaken holiday when employment is terminated.

[phil-sti]

yes they can accru holidays but why not try and terminate employment on grounds of capability?

[siscar]

topsparks said:

The employee told me this but he is claiming we owe him 16.25 days holidays when I last spoke with him a few weeks ago. In his contract of employment (which he has refused to return a signed copy but that's a different matter) he is entitled to 26 days holiday p.a. including Bank Holidays. He has been off sick since the beginning of February and our holiday year starts on 01/01.

Your contract is out of date, all full time employees are entitles to 28 days a year as a legal minimum, including Bank Holidays.

Meanwhile they do accrue holiday pay when off sick. So for someone who is off sick for a year you have to pay them 28 days at full pay during that year.

When someone leaves they should be paid for any unused holiday entitlement.

[ypauly]

Tuscanless Ali said:

All the time they are employed by you, they are accruing holiday pay, they cannot take it whilst sick though and are not entitled to payment in lieu of any untaken holiday when employment is terminated.

they must be fit again in the same year to take it too,if sick till xmas/year end this years holiday is lost