Pay for accrued holidays when on sick leave

[plenty]

Friend has been signed off Since May, on sick pay which is a pro rata of his normal salary.

Some of his holiday days were accrued when he was in full pay.

When he takes his holiday will he be paid only at the lower sick rate, or would he be eligible to be paid his full rate for the days accrued when he was on full pay?

Edited by plenty on Friday 29th November 11:54

[plenty]

Original message has been edited with new info

[Countdown]

plenty said:

Friend has been signed off Since May, on sick pay which is a pro rata of his normal salary.

Some of his holiday days were accrued when he was in full pay.

When he takes his holiday will he be paid only at the lower sick rate, or would he be eligible to be paid his full rate for the days accrued when he was on full pay?

Edited by plenty on Friday 29th November 11:54

AIUI he can't take holiday whilst being off sick. So he would need to return to work (before he can go on "holiday" which would put him back on to normal pay.

TL:DR Normal pay.

[deckster]

Countdown said:

AIUI he can't take holiday whilst being off sick. So he would need to return to work (before he can go on "holiday" which would put him back on to normal pay.

Your understanding is wrong. You're entitled to take annual leave whilst off sick, although for obvious reasons most people don't. An employer can't however force somebody to take leave whilst they're sick (the principle being that you can be too ill to go to work, but still well enough to go on holiday and also that going away can often be a positive part of your convalescence).

https://beta.acas.org.uk/checking-sick-pay/sick-pa...
https://www.gov.uk/taking-sick-leave

According to a couple of opinions here https://www.hrzone.com/lead/change/ask-the-expert-... they should pay full "holiday pay" rate for days taken as leave rather than any lower "sick rate" / SSP. Which is all perfectly reasonable and the way you would hope it would work to be fair.