sick pay and claiming holidays

[guru_1071]

quick question

my falt mate has been off sick for four months and seems to thing that when she goes back to work she will still be allowed to have her full holiday entitlement.

is this correct, or is she dreaming? - will here work tell here to stick it as she has had so long off already?

cheers in advance!

[smartie]

Holiday does indeed accrue while off sick.

[SpydieNut]

she is correct

[Firefoot]

The Court of Appeal has held that the right to four weeks' statutory paid holiday under the Employment Rights Act does not continue to accrue whilst an employee is absent on long-term sick leave. This decision only refers to employees who are absent for an entire holiday year.

If the employee is absent for a lesser period than 1 year then they should effectively accrue the statutory 4 week entitlement.

[MitchT]

Where I work if you're ill while taking holiday entitlement you can have the holiday days during which you were ill refunded and put it down as sick leave.

[jesta1865]

MitchT said:

Where I work if you're ill while taking holiday entitlement you can have the holiday days during which you were ill refunded and put it down as sick leave.

i got 2 weeks holiday back over this once. i broke my leg playing football 4 weeks before i got married, and came out of plaster the morning of the wedding. as i lived in southend and worked in the city the doctor signed me off for 6 weeks (yes i know)

anyway i went on honeymoon (my boss was at the wedding as well) and when i came back, they gave me 2 of the 3 weeks i had used back.

in fact when they checked with hr i was sent home until I could get a doctor to sign me back on for insurance purposes. so i had 2 more days off as I couldn't get an appointment earlier (was several years ago before the phone on the day bit).

all seemed very odd to me. I just thought i was off crutches and could go back and it would all be like it had been, but i would have a tan.

[Justayellowbadge]

MitchT said:

Where I work if you're ill while taking holiday entitlement you can have the holiday days during which you were ill refunded and put it down as sick leave.

I find that utterly astonishing and would refuse it if offered.

[rfn]

Justayellowbadge said:

MitchT said:

Where I work if you're ill while taking holiday entitlement you can have the holiday days during which you were ill refunded and put it down as sick leave.

I find that utterly astonishing and would refuse it if offered.

It is true in many places of work! Strangely a few unscrupulous people always seem to try it on by being ill a few days before their holiday.

[guru_1071]

cheers for that

just gets my goat that she is sat at home on full pay for four months tossing it off and is boasting about still having a months holiday left....

[bigTee]

Justayellowbadge said:

MitchT said:

Where I work if you're ill while taking holiday entitlement you can have the holiday days during which you were ill refunded and put it down as sick leave.

I find that utterly astonishing and would refuse it if offered.

I'm with you,

[Justayellowbadge]

guru_1071 said:

just gets my goat that she is sat at home on full pay for four months tossing it off

It's what I'd be doing stuck at home for 4 months.

[lawrence567]

She's on full pay?
I thought when off on long periods you get statutory sick pay which is peanuts...

[rfn]

lawrence567 said:

She's on full pay?
I thought when off on long periods you get statutory sick pay which is peanuts...

It depends on company policy - IIRC I would get 3 months full pay, then 3 months half pay before I have to resort to SSP if on long-term sick leave.

Edited by rfn on Thursday 21st August 13:10

[Alex]

Sick pay? What's that?

[rude-boy]

bigTee said:

Justayellowbadge said:

MitchT said:

Where I work if you're ill while taking holiday entitlement you can have the holiday days during which you were ill refunded and put it down as sick leave.

I find that utterly astonishing and would refuse it if offered.

I'm with you,

I might be tempted to take it up if i had been off sick for 3 days and one of them I had booked as holiday before the illness. Off sick for 4 months and still intending to take the full holiday year is a bit rich though, especially if it's a broken leg type reason. Fair enough if you in ICU/totally bed ridden for most of it though.