Updated 2015.

Our Crunch advisors are only able to answer accountancy related questions. If you have an employment question please either leave a comment below or phone the Acas Helpline on 0300 123 110.

There has been plenty of confusion surrounding how workers holiday entitlements (given by the Working Time Regulations) react with sickness absence. With several years of conflicting UK and European Court decisions, we are finally getting close to some clarity about what entitlements people have to holiday entitlement when they are sick.

Here we break down what we know so far. It is a rather confusing subject, so please bear with us!

Do you accrue Holiday entitlement if you are off work on sick leave?

In January 2009 the European Court of Justice ruled that workers are entitled to accrue statutory minimum holiday entitlement while on sick leave and can carry that leave over into another year if they are too ill to take it and prefer not to take it during their sick leave (and / or be paid in lieu for any leave they are unable to take if their employment is terminated).

And it is also accepted that if an Employee chooses to take their holiday leave entitlement while on sick leave they would be paid normal holiday pay rather than company or statutory sick pay (which may be less or none depending on how long they have been off sick) for the days they treat as annual leave. If you qualify for SSP you would continue to receive this during any annual leave pay period.

What was still in doubt was the issue of carrying over unused leave (accrued because of sickness absence) into the next leave year. The UK referred this to the UK House of Lords in May 2009 as the way the UK Law on the Working Time Directive is written conflicts with the 2009 decision by the ECJ – the law in the UK requires workers to use their holiday entitlement within the leave year or lose it (unless an agreement exists to the contrary), while the EC Directive itself is silent on this issue but ECJ case law has said carry over of leave is allowed.

The House of Lords ruled that people who are denied to accrue holiday pay while on sick leave can make a claim to an Employment Tribunal for an ‘unauthorised deduction from wages‘ (with claims possibly being able to be back-dated as far back as 6 years). This ruling supercedes UK WTD Legislation and UK Tribunal decisions since then have backed up the ECJ’s decision.

Finally, in 2012 UK case law clarified this position further so now we wait for the Government to amend the Working Time Regulations (we’re still waiting in 2015!).

Now, the UK Court of Appeal in the summer of 2012, ruled that employees on long-term sick leave are automatically entitled to carry forward their annual leave into the next holiday year (they do not have to request to do this) and are entitled to be paid for this outstanding leave if their employment is terminated.  The case in question was NHS Leeds v Larner.  The Judges in this case commented that they considered that it was possible for all UK workers to take the same position, not just public sector workers – this does not mean a precedent for private sector workers to have similar treatment has been set, but the Judges’ comments are seen as highly ‘persuasive’ that this should be the case.

This decision, however, only deals with the 4 weeks statutory leave entitlement that is provided by the original EU Directive and not the additional 1.6 weeks that is provided by the UK Regulations.  It remained unclear whether all workers were entitled to rollover the additional 1.6 weeks leave until March 2013 and the case of Sood Enterprises Ltd v Healy, when the Employment Appeal Tribunal held that Employers are not required to carry over the additional 1.6 weeks leave (provided by UK Regulations).

It is also unclear how many years of leave this can continue for – it is clear that the carry-over of untaken leave cannot be for an indefinite period but the actual period needs to be defined, hopefully by the Government.  A case in 2013 said a time limit of 15 months or more to carry over accrued leave is likely to be enforceable.  Finally in July 2015 the Employment Appeal Tribunal, in Plumb v Duncan Print Group Limited decided that untaken holiday can be carried forward for 18 months after the end of the leave year in which that holiday accrued.  This effectively ‘stops the clock’ so that if a worker fails to request for their accrued and untaken holiday within 18 months of the holiday year in which they were off sick, then the holiday will be lost.  (Both parties may appeal this decision).

This case also confirmed that a worker does not need to prove they were physically unable because of sickness to take holiday during the leave year – the Employer must assume that if the employee does not ask to take holiday while sick, this means the employee wishes to carry it forward to the following year.

For details of your pay rights during your notice period if you are off sick go to this link.

A case that reached the ECJ (European Court of Justice) in 2014 confirmed that annual leave accrued before the death of an employee, while they were still employed, must be paid to the estate of that employee.  The ECJ concluded that the Working Time Directive cannot be interpreted as meaning that entitlement to paid annual leave is lost because of the workers’ death.

Can you carry over holidays where you have been unable or unwilling to take it that is not related to sickness?

In December 2014 an Employment Appeal Tribunal (in The Sash Window Workshop Limited v King) said there could be a delay in taking holiday for reasons other than for sickness.  It said carry-over of leave into the next year could also apply whenever a worker “was unable or unwilling because of reasons beyond his control to take annual leave” and where his employment was then terminated, he would then have a right to payment on termination of employment, in lieu of holiday pay owed – which could mean this applies in situations of family emergencies, holiday clashes – we wait for more information!  In this particular case though, the EAT felt that it was not known whether King had been prevented by reasons beyond his control for taking annual leave (even though his employer had never paid for his holidays) so submitted the case back to a Tribunal for reconsideration.

In October 2015 in Shannon v Rampersad & Rampersad t/a Clifton House Residential Home an Employment Tribunal said that holiday pay could be carried forward in non-sickness related cases only where the reasons for not taking the leave were beyond the worker’s control.  Shannon worked on-call in a care home at night, but was allowed to sleep during those hours (responding to any requests for assistance by a night care worker on duty; which was very rare) and he received free acommodation in a studio flat in the care home.  He was paid the NMW for the times when he did work.  Shannon did not take any holidays after the Working Time Regulations were introduced in 1998 and on his dismissal the Tribunal had to consider whether he could carry forward all his paid leave entitlement (which amounted to £15,000).  The Tribunal (and the Employment Appeal Tribunal) found that he could have requested paid holiday but chose not to, so therefore he could not carry forward his past entitlement to be paid in lieu of holiday.  Shannon said he did not ask his employer for holiday because he was frightened of doing so but the Tribunal did not accept this.

News on sickness during scheduled Annual Leave

The summer of 2012 has also bought more clarity to the issue of when a worker is sick while they are on annual leave. Previous decisions by the European Court of Justice made it clear that where is a worker was unfit for work before the start of a period of paid annual leave, they were entitled to take that leave at another time (which did not coincide with the period of sick leave).

Now, the latest case from the ECJ says that it is irrelevant when the sickness incapacity starts – it can be during a period of annual leave, it does not have to be before the start of the annual leave.  So, workers who fall sick during their annual leave have the right to re-take that leave at a later date, even if this is carried over into the next leave year.

The Government consultation, mentioned above, is likely to include this issue in their amendments to the UK Working Time Regulations

Notes for Employers:

  • In the UK it is estimated that about 45% of the workforce are only entitled to SSP (they have no company/contractual sick pay on top).  Therefore in financial terms it may not make sense for an employee to want to be paid SSP while on holiday as it is likely that their holiday pay will be more generous than their entitlement to SSP (and SSP is not available for the first 3 days of sickness absence).
  • Sick Pay is only payable when a worker is medically unfit to do their job.  Therefore a worker who cannot, for example, fly or go swimming because of a minor infection, may still be fit to do their job and therefore would not be entitled to sick pay.

Our Crunch advisors are only able to answer accountancy related questions. If you have an employment question please either leave a comment below or phone the Acas Helpline on 0300 123 110.

If you are an Employer and need ongoing professional help with any staff/freelance issues or a Contractor/Freelancer/Employee with a complicated employment related problem then talk to Lesley at The HR Kiosk – a Human Resources Consultancy for small businesses – our fees are low to reflect the pressures on small businesses and you can hire us for as much time as you need.

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative or current interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.

Photo by Daniel Go

  • Nory

    carrying over leave because of sickness absence were amended to allow the 4 weeks statutory leave to be
    rescheduled or carried over in the next leave year for all workers

    Question: Are Statutory days included in the 4 weeks.

    So if a Workers has used 11 days holiday entitlement & used 6 Statutory then the carry forward would be 3 Days

    • lesleyfurber

      Hi Nory, if your questions is whether bank/public holidays are included in these 4 weeks then the answer would be yes (although, as the article says, the Government have not yet amended the law in the UK to reflect the decisions that the Courts have already made). So yes, 3 days, unless your Employer allows for more carry over in their contracts of employment. Regards, Lesley, Workline

      • CWTC Swim

        How do the bank holidays class as ‘used’ or not?
        I am in the same position – had 11 days leave in calendar year after 12 months absence.Were the ‘used’ bank holidays while I was sick? I returned in November so was xmas and Boxing day ‘unsued’?

        • http://www.thehrkiosk.co.uk Lesley Furber

          Hi, if you returned in November then you were free to take the Christmas and Boxing day holidays. Regards, Lesley, The HR Kiosk

  • Claire McAndrew

    Hi there, I hope you can help with this one – can my employer force me to take annual leave whilst I am off sick. I travelled abroad, post surgery, and they say I have to take annual leave. It wasn’t pre-booked annual leave, prior to sickness, it was just an opportunity that occurred, to travel with my sister for a few days, as I was off on sick leave.

    Thanks

    • lesleyfurber

      Hi Claire, they should pay you statutory sick pay if you were off sick, and you met all the qualifying conditions for receiving SSP; they may not need to pay you any occupational sick pay you are entitled to (it will depend on what is written in your contract/handbook about the conditions for receiving occupational sick pay). So, no I don’t think they can force you to take annual leave if you were covered by a sick note for this period. Regards, Lesley, Workline

      • Claire McAndrew

        Many thanks, I really appreciate you taking the time to reply to me. I have a valid sick note and I am getting occupational sick pay. I’ve had to say I’ll deal with this through a grievance when I return to work. I’ve attended meetings as requested, to review my sickness – however, because I went away, my employer is saying I was unavailable for that period, and annual leave will be taken from me. I was hoping to find some case law, that you’re employer can’t force you to take leave whilst off sick – but I can’t find any! Thanks again for your help,

        • lesleyfurber

          Hi Claire, let me look into this in a bit more detail and I’ll get back to you by e-mail – it may not be today though. Regards, Lesley, Workline

  • Ian

    My employer has just this week advised me that they will no longer be allowing staff to take days off sick as holiday. We do not get paid sick pay. The gov.uk website says employees have the right to take sick days as holiday. Who is right, please? I am talking about one or two days, not long-term. They have quoted the European WTR as their basis for this change.

  • lesleyfurber

    Hi Ian, thanks for your message. Are you saying that days you are actually off sick you want to take as holiday? Although all of the above article has not yet been confirmed in law yet, it is general consensus that this is as it should be. Therefore, what you are asking for should be allowed and I am unsure why your Employer would say this and what they mean. Hope that helps. Regards, Lesley, Workline

    • Ian

      Hi Lesley. Yes, that is what I am saying. Apparently, their HR Consultant ( a large firm) have advised them that they are not currently complying with the legislation arising from the European WTD. I shall be raising it with my director next week, and ask for the specific clause they are referring to.

      Thanks for your reply.

      Ian

  • Angie Bradley

    Hi, can you please tell me if i am entitled to my holiday pay if i am off sick right before my holidays actually start.

    • lesleyfurber

      HI Angie, you would be entitled to sick pay but can choose to take holiday pay instead. Regards, Lesley, Workline

  • michael

    Hi,I have been off work through illness for almost 2 years.Because I am 63 and its very unlikely I will be returning to work because I am unable to do my job,my boss wants me to resign.Should I resign or should he make me redundant.I have worked there for 15 years.He has offered me 47 days holiday pay if I terminate my employment. What are my entitlements.What should I do.
    Regards Michael.

    • lesleyfurber

      Hi Michael, ideally you shouldn’t resign, your Employer should dismiss you on ill health grounds. (he does not have to make you redundant if he has no need to make redundancies). With regard to your holiday pay entitlement this is difficult as there is no clarity on this yet – you are eligible at least for the original statutory minimum holiday entitlement of 20 days per year to be carried over due to sickness, but it is not yet clear how long this ‘carry-over’ would continue for. I would ask him how he has worked this out, but it does appear reasonable. Good luck. Regards, Lesley, Workline

  • Ryan

    Hi I have been unable to work for a few weeks and I have approx another 4-6 weeks of recovery from a broken ankle still to go. I have booked holidays within this time prior to my injury. Obviously I would rather have my holiday pay at this time as it is more money. Am I still entitled to it and do I need to inform my employer that I still wish to take my holidays during this time?

    After reading this article I am pretty sure that the answer to both of my questions are yes, however I want to make sure that I am not missing anything,

    Thanks

    Ryan

    • lesleyfurber

      Hi Ryan, yes the answer to both questions is yes. Good luck. Regards, Lesley, Workline

  • lynn reddall

    hi i hope you can help me here…….. i have been off work since last october and i dont know when i will be able to return to work as i need to have another 2 operations. am i still able to claim any holiday pay for this year even tho i havent worked due to ill health? and also can work sack me because of not been able to work at the moment even tho i have been covered by doctors notes all the time?

  • Christopher Lunas

    Hi there, I work as a customer assistant at a well known supermarket and last month I had 3 days booked off (Friday 6th – Sunday 8th of July), on the first day I could already feel myself coming down with something but hoped it would pass so didn’t do anything about it, but then by the second day I was unmistakeably unfit for work, so, based on this an other articles I had read on-line, I phoned our designated sickness number as per the absence policy and informed my line manager that “as I wouldn’t have been fit for work had I not been on holiday, I needed to have the remainder of the holiday re-classified as sick leave so that I could reclaim the remaining 2 days of holiday at a later date”, he told me that he would put me down in the sick log, and I assumed that everything was taken care of.

    Several days later when I returned to work however, I was informed that according to company policy, I would only have been entitled to move the holiday if I had fallen sick and notified them as such BEFORE the holiday began.

    The following day I attempted to challenge that assertion by printing off relevant excerpts from this and the other articles I had previously read (specifically the 2nd paragraph under the heading “News on sickness during scheduled Annual Leave” from this page), and passed this to my line manager and later my stores personnel manager, and was told that they would look into it.

    Finally today, after not hearing anything back for several weeks I confronted my personnel manager, asking if she had heard back about it yet, and was told rather bluntly that according to the response she received, the EU case law I had referenced would only apply if I was a full-time employee (I work 27.5 hours per week) which as far as I can tell is complete nonsense as no article I have read regarding the case law in question mentions anything about it only applying to full-time workers.

    In all honesty, I really don’t know what I’m expecting you to tell me regarding my situation, but any advice you can give me would be greatly appreciated, so thank you in advanced for your time.

    • lesleyfurber

      Hi Christopher I’m going to reply by e-mail. Regards, Lesley, Workline

  • Connie

    Hi I have been off sick for nearly 5 months and have had to leave my job but my boss wont give me any holiday pay as says I am not entitled to this as law changed you don’t accrue holidays whilst off sick… I have worked for them for over 2 years and know that I should at least have another weeks holiday .

  • Moira Watt

    Hi, I had a weeks annual leave and became ill before returning, my doctor gave me a 2 week sick note and then I left the company, however my wageslip shows salary and the amount and the below that holiday pay and minus the same amount as salary?, why?, also SSP for what I would assume is (2 weeks, i.e 10 working days minus the 3 waiting days so 7 working days SSP?, just trying to understand it especially the minus on the salary/holiday pay part, can you help please.

    • lesleyfurber

      Hi Moira, thanks for your message. I’m afraid I can’t help you really as I don’t know how your payslip would normally look. You should be entitled to the annual leave ‘back’ that you ‘lost’ through being sick while on leave. And you should be entitled to be paid the SSP for all the days you are entitled to it (after the 3 waiting days) until your last day of work/notice. Hope that helps. Regards, Lesley, Workline

  • rjhedgie

    I am due to have an operation in a couple of weeks which will see me off work till the new year (all covered by a fit note). I have 4.5 days booked between chrismas and new year which are a combination of bank-holiday and dicretionary days, as I am part-time these are added to my annual leave entitIement.
    have been told by HR that I will not get these days back although I can have any annual leave I have booked back (to take at another time). Is this right?

    many thanks

    • lesleyfurber

      Hi, thanks for your message – you are entitled to the days back if they are part of the statutory leave entitlement (so that would include the bank holidays but probably not the discretionary days). So I think you need to talk to HR again so they can double check your entitlement. Hope that helps. Regards, Lesley, Workline

  • craig

    I have bemen off sick for 3 mont
    hs now and dont expect to return this year. i asked what will happen about my holidays i have left (10 days) my boss says theyd be carried over or i could be paid them does this mean ontop of my sick pay

    • lesleyfurber

      Hi Craig, yes you should be able to carry over these days as you have been off sick, or you could choose to take your holiday pay during your sick leave (so you would be paid holiday pay instead of sick pay) – you wouldn’t get the holiday pay on top of the sick pay I doubt. Regards, Lesley, Workline

  • moggy

    Hi, I have just had an operation [trapiziectomy] on my dominant hand and as my job involves heavy lifting/carrying/pulling/pushing, I have been told by my Surgeon/GP/Physio that I am to expect to be off work for a minimum of 3-4 months and due to the nature of my job it may be more like 5- 6 months before I return to work.I was told I could not use my Annual leave as part of my sick leave[ I am part-time] so I had to take all my annual leave before my Op.It is now 4 weeks since the Op. and have had a call from home [Oz] and have been told of a close family member’s terminal illness and they have asked for me to come home for their last Xmas/New Year with us as a family. I have checked my Companies Sickness policy and can find nothing relating to any such situation-I have to book my tickets asap. My GP has no problems with this-he has okay-ed me to fly and has deemed me totally unfit for work anyway during this period[ 6 weeks]I will be away. My question is;”Am I allowed to go home to Oz for 6 weeks while I am off long term sick?”

    • lesleyfurber

      Hi Moggy, thanks for your message. Yes, your Employer should allow you to do that, but I would advise you to tell your Employer that this is what you want to do as they should know. Regards, Lesley, Workline

  • mp

    hi, i’ve just been off work for 6 weeks having had an operation. I’ve got 10 days holiday which needs to be used by the end of December, and would have been taken if I had not gone off work for the op (albeit not booked before i went off) Prior to going off sick HR advised that i could not carry it over to next year and could not get payment in leiu of the holiday as they dont want to ‘set a precedent’ (they are paying me a full salary whilst off sick anyway). i go back to work on monday 2nd Dec, the office closes on Friday 20th, the person i work with goes on hol on 17th and as there is a rule that one of us has to be there it leaves me with 12 days to take 10 days hol. Pretty impossible, and aside from that I dont want holiday in December – I’ve had too much time off and want to get back to work – and nor will it look good if i go back for 2 days and then bugger off for the rest of december – not good working ethic. Can you advise where i stand on this please. greatly apprecaited

    • lesleyfurber

      Hi MP, ummm a difficult one. HR are right to say they cannot give payment in lieu for this (as holiday can only be paid in lieu if you leave, generally), but in the circumstances they should allow you to carry at least what is left of your statutory holiday entitlement over (28 days including bank holidays). You need to come to some agreement with them, perhaps you can take a couple of days holiday in December and carry some over? Hope that helps. Regards, Lesley, Workline

  • jc1972

    I know my question is not about sickness and holidays but holidays never the less. I started work for my employer at the beginning of July and have obviously accrued holidays up until now. Our holiday year is end of January to end of November as the company does not allow any employee to take holidays over Xmas and new year. I have not taken any holidays since I started, I always feel that it is not a good idea to request holidays in the first few months of new employment, so I am now owed 14 days which I can not take as the holiday year ends next week, and I havnt been able to take any over the last month or so due to colleagues being on the sick or taking their own holidays. Am I entitled to be paid for these holidays that I am unable to take as 14 days is an awful lot to lose and obviously at this time of year the extra pay would come in very handy. I was off sick from work last month due to an accident at work and I asked if I could put this time off down as holiday but H. R said that it couldn’t be done. I would just like to know where I stand in regards to this as I really don’t want to lose them.

    • lesleyfurber

      Hi Jc, I’m afraid you can’t be paid for untaken holiday unless you leave. Can you explain the situation to HR to see if they will at least allow you to carry over some of the holiday for a short period of time (i.e. to be taken in the next 3 months or something). Good luck. Regards, Lesley, Workline

  • M-C

    Hi, I was wondering if you could advise me. I was on one weeks annual leave during the summer on the Thursday I had an accident and tore my calf muscle, so was unable to walk. I went to A & E that afternoon and the following morning (Friday) I called my employers sickness line to inform them that I had had this accident, I was off for a week with the injury I returned to the work the following Friday when I provided my employer with a medical certificate which was dated for one week from the previous Friday. Am I able to claim back the days holiday that I was laid up and unable to walk during my leave?

    • lesleyfurber

      Hi MC, thanks for your message. Simple answer, yes, you are entitled to the holiday you ‘lost’ as you were sick while on leave. Hope that helps. Regards, Lesley, Workline

  • Mike Morgan

    Can I claim SSP and also have holiday pay at the same time.

    • lesleyfurber

      Hi Mike, I think that’s unlikely – it would be one or the other. Regards, Lesley, Workline

    • lesleyfurber

      Hi again, sorry what I said below was incorrect, I believe that yes you can claim both at the same time. Regards, Lesley, Workline

  • Dave Smythe

    I have been off work ill for 3 years and have been diagnosed with Bipolar II Disorder. During most of this time, I was paid half my salary by the insurance company under my employer’s PHI policy but the insurance company withdrew support a few months ago as they decided I was fit to return to my job. My employer disagreed and dismissed me on grounds of ill-health capability. They’ve said they’ll only pay me 1 week of accrued leave from 2012 and that for 2013, up to date of dismissal. Are they not legally obliged to pay me for accrued leave for every year I was ill. Help would be appreciated as things pretty desperate at moment. Thanks.

    • lesleyfurber

      Hi Dave, thanks for your message. If you’ve read the above article you’ll see that things are still not entirely clear as there has been no change in the law; however recent case law says that yes you should be entitled to leave while you have been off ill. But this only applies to the first 4 weeks of statutory holiday entitlement (each year). You probably have a case for an ‘unauthorised’ deduction of wages (as that is how this is dealt with at the moment) so it may be worth while ringing Acas to discuss this with them. Good luck. Regards, Lesley, Workline

  • Dave Smythe

    Thanks Lesley. I’m waiting for employer to respond to my query at moment. So, if I understand you correctly, they have to pay me 28 days for each year I was off ill and pro rata the 28 for part years? Also bank holidays form part of the 28? I did read article but wanted confirm my reading. Many thanks.

    • lesleyfurber

      Hi Dave, no, the legal position at the moment is that they only need to pay you 20 days (not 28 days) for each year you were off ill. Regards, Lesley, Workline

  • ange

    Hello,

    I have been on long term sick for 6 mths from july 24 2013, my company’s policy for sick pay is 5 mths full pay then 5 mths half pay, for my lenght of service , I have decided to resign as i also have another job ( have been off that one too but am going to return). my certificates will take me past my 4 weeks notice period. i’m currently getting half pay, so will i receive half pay also for my notice period or full pay. also accrued holiday, will that be full pay or half pay, not sure what i’m entitled to. thankyou .

  • ange

    Hello,

    I have been on long term sick for 6 mths from july 24 2013, my company’s policy for sick pay is 5 mths full pay then 5 mths half pay, for my lenght of service , I have decided to resign as i also have another job ( have been off that one too but am going to return). my certificates will take me past my 4 weeks notice period. i’m currently getting half pay, so will i receive half pay also for my notice period or full pay. also accrued holiday, will that be full pay or half pay, not sure what i’m entitled to. thankyou .

  • donna

    I have booked a holiday for may 2014 and the workplace is aware of the request from January. in march I was admitted to hospital for a major operation and am currently receiving ssp. I hope to return to work start of may. can the workplace refuse my holiday request for late may due to my sick leave

    • lesleyfurber

      Hi Donna, thanks for your message. Your Employer can refuse your holiday request if they give you the right notice but they shouldn’t do this solely because of your sick leave. Good luck with this. Regards, Lesley, Workline

  • nicky

    My son had to have an operation and needed 4 weeks off work. He had 2 weeks leave left, so as agreed with his boss, he used his 2 weeks holiday and 2 weeks sick. He had a medical certificate for the full 4 weeks and now his boss says he will only pay him ‘sick pay’ for the 4 weeks as the sick note overrules his holiday. Is this correct ? and has he now lost his 2 weeks holiday as a ‘new’ work year has started.

    • lesleyfurber

      Hi Nicky, thanks for your message. If they agreed he would take 2 weeks holiday then he should get that; can the GP/hospital issue a 2 week sick note instead to make things clearer? Thanks, Lesley, Workline

  • Susan

    I have a scheduled mini operation and am advised to rest for two weeks after surgery. A bank holiday overlaps with the rest period. Am I entitled to claim bank the bank holiday at a later date under the ECJ ruling or is this discretionary with my company? Your article above references annual leave but isn’t specific about bank holidays. Many thanks, Susan

    • lesleyfurber

      HI Susan, sorry for the delay in replying, I’ve only just seen this. As things stand you would have the right to the bank holiday at a later date I think. Regards, Lesley, Workline

  • tasha

    I have been off work sick since November 2013, I am losing my job next week as the employer needs the staff so is replacing me, have I still been accumulating holiday pay and am I entitled to be paid it when I lose my job? Thanks

    • lesleyfurber

      Hi Tasha, the answer is yes to both your questions. Good luck. Regards, Lesley, Workline

  • Barbara Seaton

    Hi I have an annual entitlement of 307.5hrs annual leave including bank holidays. I went of sick on 9th Jan and returned to work on 25th April. I had 67hrs annual leave left of the year 2013/14. My employer is now saying that they will deduct the annual leave I have taken from 210hrs that are deemed ‘statutory’ which means for being off 4 months I have lost 97.5 hrs is this right?

    • lesleyfurber

      Hi Barbara, thanks for your message. I can’t work out how 307 hours is made up, so what your full-time holiday entitlement is in days (it works out 11.8 hours per day’s annual leave??). Annual Statutory entitlement is 26 days. The entitlement that can be carried over for untaken leave because of sickness is 20 days per annum. Hope you can work it out from there. Regards, Lesley, Workline

      • Barbara Seaton

        hi Lesley thank you for your reply. I have 33 days annual leave I had 26 days and had 7 days left. My employers are saying I have to lose those 7 days as I was off four months is this right?

        • lesleyfurber

          Hi Barbara, yes I think they’re right. Regards, Lesley, Workline

  • Kev

    Hi,
    I fell ill on a friday night (at work) and was taken by a colleague to hospital where I stayed overnight. I was visited by my boss at 0300hrs as she was working nights herself so there was no doubt I was ill and not lying about it ! I was discharged saturday afternoon and was booked sick by my boss on the work computer system. I phoned my GP monday morning and got to see her Tuesday morning when she gave me a sick note. I was off work for 5 months in total and this whole period was certified except the period at the start between the Friday night and the Tuesday morning.
    I had annual leave booked months in advance to start on the sunday for 7 days. The Sunday and Monday were effectively uncertified by the doctor who issued the note on the tuesday, so I was covered by her note for the remaining 5 days of leave.
    When I returned to work after 5 months, I tried to claim the 7 days back, but my employer refused to give me the first 2 days of annual leave as this was not certified. They did reinstate the last 5 days.
    The employers policy states the first 7 days are self certified sickness and should be reported to your line manager as soon as possible (she saw me in hospital).
    The employer continued to demand a backdated sicknote to cover the 2 missing days for reinstatement of leave, so I had to go through hell to book 2 appointments with my GP to get a backdated note, but the GP was very reluctant to do this after such a long time (some 6 months after I fell ill). If she had totally refused to issue a backdated note, I would have lost 2 days hard earned leave. Do you know what the law is on this as I cannot find it anywhere? Thanks

    • lesleyfurber

      Hi Kev, thanks for your message. You basically need to follow your employers sickness-reporting procedures for the first 7 days, to be eligible. Regards, Lesley, Workline

  • kevin bourne

    I have been off work long time certified sick since mid January 2014. Am I entitled to claim the four bank holidays that I have missed to add to my leave entitlement for the rest of the year?

    • lesleyfurber

      Hi Kevin, thanks for your message. Yes you are entitled to claim these back. Good luck. Regards, Lesley, Workline

  • Jim

    Hi been of on sick leave for a few months and have asked my employer if I can use 2 weeks annual leave instead of sick pay. Going on holiday that was pre booked about 8 month ago.

    I have been told by my manager if I go on holiday that he will stop my company sick pay and put me on SSP. Company pay is up to managers discretion. Can he do this? He said If I use 2 weeks annual leave I would have to sign my self off take the holidays, then sign my self on as being unfit for work again. To do that I have to phone the company remedy line for this and he would only pay me SSP not company sick pay after this. Is this true? Do I need to do this? Seems to me that I would then have a second absence. If I don’t go on holiday they will still pay my company sick pay. Confused.

    • lesleyfurber

      Hi Jim, thanks for your message. Your employer is not correct, if you are off sick you can take annual leave you have accrued and should be paid at your normal annual leave rate for this. You should not need to sign yourself off and back on again. Hope that helps. Regards, Lesley, Workline

  • Monica

    hi, my husband had a accident at worklast Wednesday (17.07.2014), he get a one week off sick note but we think he will be off sick for a longer after his surgery tomorow. Next Wednesday (23.07.2014) we are going on 3 weeks holiday that we booked about 3 months ago. How he should deal with his company now? if we still can go? Can he go on his holidays even he is off sick? HELP!!!!

    • lesleyfurber

      Hi Monica, I’m really sorry but I’ve only just seen this message. If you still need any help, let me know. Regards, Lesley, Workline

  • Vicky

    Hi, really need some advice. I’ve been off sick since November 2013. I was bullied in the work place and don’t feel I will ever be able to return to that environment. I been very open regarding this and have told OH and management, but also highlighted that I felt that I could return to work just not with my previous seniors as I am still having panic attacks when I think I have seen one of my seniors. My GP agreed that she would sign me fit to return if they found me a placement outwith my department. They have found a placement and HR told me about this on 23/07/14, but there was no clear start date. My GP works part time so I was unable to contact her. Start date was agreed on 25/07/14 at OH review, start date 1/08/14. Today I got an e-mail/was cc-ed into an e-mail from AHP lead stating that I didn’t need to be signed fit to return to work and that they would put me on annual leave from the 14/07/14 instead of sick leave. Can they do this? I still haven’t been able to discuss the return with my GP, I only met with OH on 25/07 and they only told me there was a job on the 23/07. I know I have a lot of A/L but I am also pregnant and the placement they have found for me is 2 hour drive any so I think I will need to use A/L as I think I’m going to be exhausted with the travel. All help most appreciated.

    • lesleyfurber

      Hi Vicky, thanks for your message. Did they suggest you go on annual leave because you were about to run out of sick pay, as that would be logical? They can certainly suggest you use some of your annual leave, especially if you are going on maternity leave soon. Good luck. Regards, Lesley, Workline

      • Vicky

        No, I was on half pay, but that’s not why they suggested it. I think they just wanted me to use up my annual leave even though I was signed off sick. HR ended up phoning me and I felt so bullied into it that I felt I had to agree to it. They have now found me a placement in a different department which I started last week. When I discussed A/L with my new senior she suggested a few days I could take, but when I e-mailed HR and cc-ed the manager into this, the manager replied and said that I was to keep A/L to a minimum during the placement. I’m really confused now as my due date is in December and even with the A/L they have taken off when I was signed off sick, I have weeks of A/L left by their calculations and HR said I needed to use all my A/L before my mat. leave. How can I use A/L when manager won’t authorise it?

        • lesleyfurber

          Hi Vicky, you need to see if you can get HR and your Manager to talk about this. I can see both their points of view – that the Manager would want you to settle into the new job, and that HR would want you to use up your leave before maternity… but clearly someone has got to make a decision about what you should do. Good luck. Regards, Lesley

  • Bernadette galea

    Hi there, I have been off work for three months due to hyper mobility of my spine, back pain and sciatica. I have seen a specialist and am undergoing treatment, physio and exercise. I am due back in work on the 11th august (phased return). Today i had a meeting with my manager who informed me that the annual leave i had booked at the beginning of the year will not be credited back to me because i went on my holiday! I assumed this not to be the case as i was covered by a sick note? I work for Cheshire east council as a support worker and the sickness was work related because of the moving and handling, causing discomfort repeatedly. Can they refuse to credit my annual leave back to me because i went on holiday with my family? Please advise. Regards

    • lesleyfurber

      Hi Bernadette, thanks for your message. If your leave was booked, but then you went off sick, your leave should be credited back to you (if you were unfit to work, but fit to go on holiday). Good luck. Regards, Lesley, Workline

      • Bernadette galea

        Hi there, thank you for your reply. I believed i was entitled to the credited hours but working for Cheshire council and knowing that they withhold entitlement advice, i wanted to double check before i confront them about returning my holiday credits. Thanking you in anticipation of a positive outcome. Regards Bernadette

        • lesleyfurber

          No problems, good luck! Lelsey

  • Bruce Lawson

    hi my is bruce i have been of work for 2 year as i went deaf and my job was answering fone i have had a cockulaer implant still no joy i can here a littel but not the fone my work have let me go and gave me 1 weeks holiday pay is that right ?

    • lesleyfurber

      Hi Bruce, thanks for your message. No, that’s not right, you should have accrued 20 days per year (the original statutory minimum holiday) so should be paid for all of that (unless you have taken any ‘holiday’ time during your sick leave). Good luck, Regards, Lesley, Workline

  • karen r

    Hi, i have booked 2 wks leave end of august but now had a letter to have an operation in my second week. Am i able to not take the second week as leave but declare it as sick leave? Therefore taking my leave once better. Thanks Karen

    • lesleyfurber

      Hi Karen, yes the 2nd week should be sick leave to you still have the holiday to take. Regards, Lesley, Workline

  • Kenny Harvey

    Hi,
    I was off sick in April to July 2014. My annual 3 week annual leave period was in late May into mid June. My doctor said that I was fit to travel on my pre-booked 10 day holiday (in the `middle` of my 4 week sick period) as long as I was well `medicated` and was able to walk about the plane and stop -off airport terminal but under no circumstances was I fit for work. He said that the holiday away would aid my recovery both physically and mentally My employers deemed my doctors comments as me being fit for work at that time even though I was covered by a sick line and processed my holiday away as annual leave and are refusing to give me back my 3 weeks annual leave which I feel that I am entitled to–Am I correct in assuming that I am due it back or is this a grey area.
    Kenny Harvey

    • lesleyfurber

      Hi Kenny, yes I would agree you are due it back – however you can choose to take annual leave rather than sick leave (which people may choose to do if they were on SSP payments or low sick pay and the annual leave would be paid at a higher rate). Assuming you did not choose to do this, then I would go back to your employer to explain this and see what they say. It is a confusing situation regarding sick leave/annual leave as nothing as yet has been confirmed in legislation, but there is a large body of case law that supports it. Good luck. Regards, Lesley, Workline

  • Katarzyna

    Hi, I was off sick for 25 working days, but unfortunately abroad. I provided to my employer fit notes from first day and did translate it. But my employer susspended my ssp and pay. They told they need fit note from UK -GP english one, bcoz Company is in UK and needs UK documents ( regulation 1992 p14 HMRS – they told). After back to UK no doctors want to give me fit note…and im not surprise, bcoz the doctor didnt even seen me. Pls advice what to do. Thanks.Kat

    • lesleyfurber

      Hi Katarzyna, thanks for your message. Your GP in the UK should give you the fit note, if you can show them the ones you have from abroad. Regards, Lesley, Workline

      • Katarzyna

        Thank you for message, yes I have got fit note from my doctor, but many people have problem to get it one… the uk doctor is in difficult situation…he/she didnt seen the patient during the ilness…how he can give fit note then? its something wrong with this rule….isnt?
        what do u think?

        • lesleyfurber

          Hi again Katarzyna, I came across the answer to this the other day when I was doing some other work. The HMRC publish a Employer Helpbook E14 which is here http://www.hmrc.gov.uk/helpsheets/2012/e14.pdf
          At the bottom of page 10 it talks about ‘Employee provides you with a non-UK medical certificate’ which I think basically says that the Employer should arrange the translation of the certificate. Hope that helps. Lesley

  • chris

    Hi, I’m self employed and worked for the same company for 7 years now. although I am “self employed” I have checked the gov.com website and had a look at the employment status tool which indicates I am an “employee”. Am I able to back claim and holiday and sickness pay?

    • lesleyfurber

      Hi Chris, thanks for your message. If your Employer won’t acknowledge your ’employee’ status, then I’m afraid the only way you can claim these is to take a case to an Employment Tribunal to prove that you are an employee (only a Tribunal can actually decide this). If they found you an employee then you would be entitled to these benefits. But obviously that may be a difficult/awkward thing for you to do. Good luck. Regards, Lesley, Workline

  • Maria

    Hi there,I’ve been off work since the end of February,and I just wanted to know if I will lose my holiday entitlement or can I get it as I’ve been told I won’t be able to return to work for another couple of months. Many thanks Maria

    • lesleyfurber

      Hi Maria, you are entitled to the statutory holiday entitlement you have accrued for the period you have been off work sick. Good luck. Regards, Lesley, Workline

      • Maria

        Thanks for the swift reply,now I’m worried how I go about it as I find it hard to talk things over with my HR manager,even though he is great,but the company I work for,try their best to not to pay out if it’s able too,

  • carol hogarth

    I was on sick leave but had booked 10 days holiday, when i went back to work they had paid me holiday pay not ssp and have said i cant have my holidays back is this correct

    • lesleyfurber

      Hi Carol, no they are not correct, you should get your holidays back. Good luck. Regards, Lesley, The HR Kiosk

      • carol hogarth

        what exactly do I quote at them, is it employment law?

        • lesleyfurber

          Hi, it’s accepted case law although the legislation has not been updated. You can see this on the Gov page here https://www.gov.uk/taking-sick-leave
          Regards, Lesley

  • Margaret Dickson

    I have been on long term sick and my manager has now applied for my annual leave to preserve my pay.Do ined to supply a GPs fit note for this period and can I actually go on a holiday during this time.

    • lesleyfurber

      Hi Margaret, the answer is probably yes to both questions – do tell your Employer if you are going on holiday though so they are aware. Good luck. Regards, Lesley, The HR Kiosk

  • Clare Doherty

    Hi, I was off sick (in hospital) for a few days in May including the Bank Holiday Monday, I was paid in full for the sick time as that is in my contract. However should I be given a day in lieu for the bank holiday? (I work full time).

    • lesleyfurber

      Hi Clare, basic answer is yes, you should get a day in lieu for the bank holiday. Regards, Lesley, The HR Kiosk

  • Marie Hamilton

    Hi, I have been on sick leave since October 2012 uncontrolled epileptic seizures (I work in a call centre so can’t take calls), I was paid full salary for the first 6 months then have been on the company insurance policy since at half salary. Last year they paid me my full holiday pay in cash however when I asked them about it earlier this year they said I would not be entitled to any holiday pay this year. Is this correct and if not what rate should they pay me – full pay or half, as that is what I get via the insurance policy? Thanks

    • lesleyfurber

      Hi Marie, thanks for your message. As far as I am aware you should be entitled to holiday pay but it will be paid at your (now) ‘normal’ weekly pay, so that would be half pay. Good luck. Regards, Lesley, Workline

      • Marie Hamilton

        Thanks, my manager said he checked with HR and they said no, can you suggest any legislation I can quote to them to make them give it to me? Appreciate your help.

        • lesleyfurber

          Hi again, sorry I didn’t see your reply. There is no legislation as such yet, but there is case law which is described as above. So, you are due your holiday entitlement for this year, but they do not need to pay this to you (unless you leave their employment). They should ‘roll’ your holiday entitlement over to next year. Regards, Lesley

          • Marie Hamilton

            Thanks again, I don’t think I’ll be going back for a while, maybe years so look forward to a few months off, if they add it all up waiting for me to go back!

    • lesleyfurber

      Hi Marie, it’s Lesley again – sorry I’ve just realised I may not have been clear in my reply. You are due holiday entitlement for this year, but this should not be paid (unless you leave the company) – it should be rolled over into next year. The fact they paid you for it last year is actually incorrect of them! Hope that makes sense. Lesley, The HR Kiosk

  • Dionne Shewood

    Hi. I have a cleint with a staff member who was unwell for 2 weeks. As the staff member is only entitled to SSP, he opted to take a week as holiday and the 2nd week as sick. The issue has arisen around the waiting days. The client and staff member thought the 3 waiting days could be taken as part of the weeks holiday. I am not so sure, and treated the 3 days at the start of the 2nd week, thus paying only 2 days SSP and 3 days iwth no pay. It is an unusual situation and I cannot find the answer with HMRCs website and the queue for the helpline is very long

    • lesleyfurber

      Hi Dionne, I don’t know for 100% but I would have agreed with your treatment of this – however I’ve just found this on the HMRC which appears to indicate the waiting days may have been in the holiday week – so probably needs to be paid SSP for the whole of the second week – http://www.hmrc.gov.uk/manuals/spmmanual/SPM10135.htm
      Hope that helps, Regards, Lesley

  • Michael Cotton

    Hi i recently had surgery and on sick for 6weeks. I had 3days holiday left for over christmas and new year should i still get payied for them??

    • lesleyfurber

      Hi Michael, yes those days should carry over into next year for you to use then. Regards, Lesley, The HR Kiosk

  • rafal

    Hi a friend of mine has to have an operation which he planned to have done in Poland and the NHS has agreed that he can have the surgery and that they will then allow him to claim back the cost of the operation the operation is booked and he was due to go to Poland over the next two weeks. He has informed his employer of the situation they asked him to see the company nurse to discuss the matter which he did they have now informed him that as he is not having the surgery in the uk that he will not be entitled to sick pay and that he would need to take the 4 week recovery period as holiday however if the surgery is carried out in the UK then they will pay him full sick pay ? is this legal it seems a little unfair ? the reason the surgey is being carried out in Poland is that the waiting list is much smaller and this is a reoccurring health issue of which surgery has already been carried out for so the same doctor will be performing the operation. it is not a cosmetic surgery should the location of the operation be taken into account even though the NHS has recommend that the operation be carried out and will happily sign him off for the recovery period ?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Rafa, thanks for your message. That does sound harsh. He should be entitled to at least SSP (if he meets all the qualifying conditions and provides evidence that he is not fit to work), although the Company could refuse to pay him any contractual sick pay I guess if it is discretionary. Would a letter from the NHS explaining their agreement help change the Employers mind? Regards, Lesley, The HR Kiosk

  • Ben

    Hi, I fell ill in late November 2014, and recently returned to work. I asked my manager about my holidays that were booked over the Christmas period (by the company, they fix some of our annual allowance) and the stat days. He says I am entitled to them, however if I claim them, that I am likely to give a poor impression, and could reflect poorly on me in the future (I am hoping to get a promotion soon). Firstly, do i definitely qualify to carry over the holidays, and if so, is it ok for him to try and dissuade me from claiming them?

    Thanks!

    • http://www.thehrkiosk.co.uk Lesley Furber

      HI Ben, thanks for your message. Yes you continue to accrue holidays while you are off sick, although it is only based on 20 days per annum, unless your company offers more than the legal position; and no, it’s not ok for him to say this, that is illegal. But, obviously, this puts you in a difficult position. Perhaps you could come to a compromise and carry over some if not all (as it sounds like you have contractual annual leave that is more than the statutory)? Good luck. Regards, Lesley, The HR Kiosk

  • Ronnie Rambo Beattie

    HI I WORK IN SECURITY AND DO 12 HOUR SHIFTS ,I DO 4 ON THE 4 OFF WE ARE TOLD WE ARE ENTITLED TO 28 DAYS HOLIDAYS BUT WHEN WE DO TAKE IT WE ARE PAYED 8 HOURS PAY PER DAY WE TAKE OFF FOR HOLIDAY SO IT MEANS AM LOSING 4 HOURS PAY IF I TAKE TIME OF FOR HOLIDAY IS THIS RIGHT I THOUGHT IF YOU WORK 12 HOURS THEN THE HOLIDAY SHOULD BE 12 HOURS PAY TO ?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Ronnie, thanks for your message. Are 4 or the hours you do in each shift classed as ‘overtime’? That may explain why you are not being paid for them – but this will probably change due to recent case law, more details are here http://www.crunch.co.uk/small-business-advice/2014/11/18/overtime-to-be-calculated-in-holiday-pay/
      If 12 hours are ‘normal’ working time then yes I think you should be paid 12 hours for holiday too. Hope that helps. Regards, Lesley, The HR Kiosk

  • flyyoufools88

    Hi, I get 26.5 days holiday entitlement. Last friday I had a half day holiday booked, however I was too poorly to drive to work and called in sick. Am I entitled to that half day back, my supervisor says not without a doctors note.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi, yes you are entitled to that day back; it’s possible your employer specifies that you need a doctor’s note in this situation though. Regards, Lesley, The HR Kiosk

  • Wuu Pe

    SSP is not available for the first 3 days of sickness absence. does it mean I will not get paid for first 3 days at all ?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Wuu, that depends whether your employer pays contractual sick pay or not. If they don’t then you will not get paid for the first 3 days. Regards, Lesley, The HR Kiosk

  • simon

    Hi – Does an employer have a legal duty to notify its employees if they are about to loose annual leave before the end of an annual leave year? Thanks Simon

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Simon, as far as I’m aware they don’t because Employers have no legal obligation to ensure you have taken your statutory
      holiday entitlement. If you have outstanding holiday you can’t use because of sick leave etc then they should let you carry this over. Good luck. Regards, Lesley, The HR Kiosk

  • Guest

    Good morning. I have recently returned to work after 12 months sick leave and have been advised by my employer that I can only carry 12 days holiday over as bank holidays are deducted from the 20 I legally have to carry over – is this correct? I used 11 days in December (returned mid Nov) – do I have 1 day or 9 days to carry into 2015?
    Thanks for your help,

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Guest, you should have 20 days in total to carry over from the 12 months, so if you took 11 you have 9 left. Regards, Lesley, The HR Kiosk

  • Guest

    Thanks for the reply Lesley. Just for clarity, do you agree that they can’t deduct bank holidays from that 20? Sorry to repeat myself but this is going to be a big fight!
    Many thanks
    S

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi, the 20 days is your total entitlement which would include bank holidays. Lesley

  • Steve Neale

    Hi,
    I have been off sick as a coach driver forover 2 years now so when my SSP stopped I claimed ESA. I am in the ESA support group because I have emphasyma so it is unlikely that I will ever return to work and my coach licence has now expired. Every few months I put in for a holiday with my employer as they have to pay my accrued holiday. They don’t seem to want to end my employment possibly because I worked there 12 years and they would have to pay my notice period. Is there any way they would be forced to give me notice or can they leave me employed indefinitely?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Steve, thanks for your message. It’s odd that an Employer would continue to employ you indefinitely if you cannot work, but I have heard of it; if it works for both sides I suppose that’s fine! They could terminate your employment through an ill health dismissal but obviously they would need to pay you notice. I’m not clear whether you want to stay employed with them or not? Good Luck. Regards, Lesley, The HR Kiosk

      • Steve Neale

        Hi Lesley,
        I do not wish to continue in their employment as there seems no point without a licence. It suits them as they don’t have to pay my notice although in the long run they will lose out by paying my holiday pay that’s accrued. I would prefer they let me go although I suspect that they are afraid to do it because I have a disability and I am protected.
        Many thanks

        • http://www.thehrkiosk.co.uk Lesley Furber

          hi Steve, it sounds like they really need to talk to you about this and come to some agreement. Good luck. Lesley

  • Lucy Ed

    Hi,
    i have taken a week holiday time off but on Tuesday i became ill with tonsillitis, can i claim back the week?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Lucy, yes you can, as along as you follow your employers normal sickness absence procedure (i.e. give them the information they require). Regards, Lesley, The HR Kiosk

  • melanie mills

    hi,i had a lot of time off work last year due to my mothers death.we had 4 weeks in tenerife,january to february,i have now been told that i have 3 days holiday to last till january 2016.they said because of my abcense they have pro ratered my holiday.i have worked there 22 years.can the do this?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Melanie, were they classing the time you took off for your mothers death as holiday? They need to allow you a small amount of time off to deal with bereavements/family emergencies etc, but this can be unpaid. They are not under an obligation to give you a lot of paid time off in this situation I’m afraid. So they may be right – if they have any ‘family emergency’ policies/procedures then you should read what they say. More details are here – http://www.crunch.co.uk/small-business-advice/2008/09/16/time-off-for-dependants-family-emergencies/
      Regards, Lesley, The HR Kiosk

  • Trevor Deller

    Hi there, I have been off work since Dec 2nd 2014 due to an accident at work, which my employer has already admitted liability. I am owed 6 days holiday from 1st April 2014 until 31st March 2015. I am being told that i cannot carry them over? They are saying that i do not accrue any holidays while on the sick, on reading my contract it does state that, so would it apply?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Trevor, thanks for your message. I’m afraid your contract is out of date and your Employer is wrong – you do accrue ‘statutory’ holidays while you are off sick, which is 20 days (including bank holidays) per year. You may not accrue holidays that your employer gives you above this figure, your employer does have the right not to let you accrue those. Hope that helps. Regards, Lesley, The HR Kiosk

  • richy h

    Hi ive been off work since april 2014 and have ran out of company sick pay and ssp. As its lasped into a new year i ask if i was owed any holiday pay from last year as i have no money due and they told me am not allowed to carry any owed holiday pay over is this correct? If it is wrong can i quote anything to argue my case?
    Thanks for any help.

    • http://www.thehrkiosk.co.uk Lesley Furber

      hi Richy, thanks for your message. You are entitled to carry over at least the minimum ‘statutory’ holiday which is 20 days per year if you were unable to take it becaue of sickness. There is plenty of information in the public domain about this now and you can start with this https://www.gov.uk/holiday-entitlement-rights
      Good luck, regards, Lesley, The HR Kiosk

    • richy h

      Thank you for your reply. I felt they were trying to brush me off but they are checking with the payroll dept to check if they can pay me. I will print out the link you sent me if they decide not to pay up. Thanks again

  • Nicola Mcmanus

    Hi my partner was on ssp when he got his notice he’s being with the company for 9 months he was signed off due to someone crashing into his work van with whip lash while he was at work. his notice ran out same time he was due bk at work . He was due to get paid today but nothing including his ssp have being paid what is his rights

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Nicola, thanks for your message. If he was given notice to leave then he should be paid ‘normal’ pay for his notice period, not SSP. Good luck. Regards, Lesley, The HR Kiosk

  • carol

    I was off work for 3 months Oct/Nov/Dec due to an operation. my holiday entitlement is 25 + 8 bank holidays = 33. I had used 23 leaving 10 to carry into 2015. Have been told that I am only allowed 5 which means that I have lost 5 days. Is this correct and if so why?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Carol, you are only legally entitled to carry out leave you cannot take because of sickness based on the ‘old’ statutory entitlement of 20 days per year. So that is probably why it is less, but you should ask you Employer to explain their calculations to you. Regards, Lesley, The HR Kiosk

  • sl

    I have an employee who is currently entitled to 25 + 8 holidays p[er year. This year the employee was off for 20 weeks sick, how do I work out his entitlement from this?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi SL, you should work out their ‘normal’ entitlement for the 32 weeks they were at work, and their ‘statutory minimum’ entitlement of 20 days (including bank holidays) for 20 weeks they were sick. Regards, Lesley, The HR Kiosk

  • Ian Pankhurst

    i had a back operation and was off work for 5 weeks. my boss wouldn’t let me take 2 weeks of my holiday from the year before as we were to busy, so i had 6 weeks to take this year. (she usually just pays me the money if she won’t give me the holiday), she wouldn’t allow me to take the time off sick, even though i would only get SSP and made me use my holiday for the entire time i was off work. can she do this?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Ian, thanks for your message. I don’t really understand why your employer would not want to pay you SSP rather than holiday! However, as far as I understand it it is your choice to take holiday entitlement in a period of sickness (not just the Employers) and normally you would be paid SSP throughtout this period too. She should not pay you for outstanding holiday entitlement if you cannot take, you can only be paid for holiday pay if you leave an employer – this is because you should get your legal entitlement to holiday, i.e. a rest from work. Your Employer is not doing this correctly at all, but I’m not sure there is much you can do about it without making a huge fuss. Good luck. Regards, Lesley, The HR Kiosk

  • Amie

    Hi I was told by work in person that I had a certain amount of annual leave hours to take. I took said hours and they then refused to pay me for it because they realised I had gone over my annual leave. Is this allowed? Because it was them who told me I had that amount left to use. They also did not contact me at any time during these two weeks to inform me it would be unpaid

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Amie, that’s a difficult situation. I would hope, as it was their mistake that they would at least compromise with you about the hours back you owe. Unfortunatley, if it was a genuine mistake, then they are within their rights to ask you to pay the money back; but again rather than no paying you, they should agree with you a ‘repayment’ plan. You could put in a grievance if you wanted, and see if that gets you anywhere. Good luck. Regards, Lesley, The HR Kiosk

  • julie

    Following a period of sickness, can an employer take your AL entitlement ‘back to’ statutory minimum entitlement of 28 days (including BH) if your contract of employment states contractual paid leave is 33 days plus bank holidays? There is nothing written in any work Policy or procedures in relation to this apparent action?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Julie, thanks for your message. Yes, at the moment they only need to calculate annual leave entitlement during sickness at the original statutory minimum of 20 days (including BH) so in some ways they have been generous! They should have this in writng somewhere though, so it is clear. Regards, Lesley, The HR Kiosk

  • Sadie Neil

    I have put my notice in but have annual leave remaining. My employer says as I have to take this before my end date and is refusing to pay me for it if I dont. I assumed any remaining annual leave would be paid when I finish and if I had realised this was not the case I would have put my notice date as a week later. Can they force me to take the annual leave?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Sadie, yes I’m afraid your Employer can tell you when you should take the leave, they do not have to pay it at your leaving date. Regards, Lesley, The HR Kiosk

  • Ru11

    Hi, i work monday until friday. I get 20 days holiday per year and bank holidays paid. If I am offsick the following day after a bank holiday do i loose out on the bank holiday?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Ru, no you should get the bank holiday day. Regards, Lesley, The HR Kiosk

  • Janet

    Hi, I became ill last Thursday. then it was Good Friday & Easter Monday holidays, so I self-certified (sick note) until Tuesday, when I went back to work. My employer made me fill in a back-to-work form stating that I had 5 days illness which included the Bank Holidays. Is this correct? Also, because I was ill on those Bank Holidays, am I entitled to take 2 extra days off?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Janet, if you were ill on the bank holidays then the forms should reflect that; and yes, if you were ill then you should get the days ‘back’. Regards, Lesley

  • habal

    Hi, I became sick for about 5 day while I was in holiday out of the country visiting my family, got flue, am I entitle to get 5 days back? and what if I got sick again next time while I am out of the country? should I phone my manager and bring a sick certificate?, can you explain for me how to handle such circumstances?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Habal, you need to tell your Manager and get a sick certificate (and follow their ‘normal’ sickness reporting requirements), then you should get the days back. Regards, Lesley, The HR Kiosk

      • habal

        Thank you Lesley, what if I got sick and signed off work just before my annual leave date , am I allowed to travel even if I am sick to be with my family? what about compassionate leave while I am in annual leave, how many day I am entitle to a compassionate leave? also if any of my family member got sick while like my daughter or my husband can I not travel back to work and stay with them?

  • Guest

    thank you Lesley, what if I got sick and signed off work just before my annual leave date , am I allowed to travel even if I am sick to be with my family? what about compassion leave whaile I am in annual leave, how many day I am entitle to a compassion leave?

  • Guest

    hank you Lesley, what if I got sick and signed off work just before my annual leave date , am I allowed to travel even if I am sick to be with my family? what about compassionate leave while I am in annual leave, how many day I am entitle to a compassionate leave? also if any of my family member got sick while like my daughter or my husband can I not travel back to work and stay with them?

  • laura

    I have a confusing one, since the start of my holiday year feb due to back problems i had been on a phased return doin 15 out of my contracted 40hrs per wk! I did this for month and a half until i went in for surgery and have had 10wks off! I go back again next week, again on a phased return building back my hrs and intend to be
    back full time after a month! I have 28 days holiday per yr but my manager said i wouldnt be entitled to it all due to my time off! Is this correct?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Laura, thanks for your message. Yes, your manager is correct in one sense. You do continue accrue holiday entitlement during sickness but you only accrue it at the ‘old statutory’ rate of 20 days per annum – so for the 10 weeks you had off this would apply (unless your contract of employment says differently). For the hours that you have been working part-time you would get a pro-rata entitlement to holiday – i.e. you would get holidays worked out on the hours you actually worked and not your normal full-time hours. Hope that makes sense! Regards, Lesley, The HR Kiosk

  • mac3

    Hi I have been off for about 9 months and I have just been back to work. Do my holidays for last year continue onto this one as I was medically unfit to work? and am I entitled to this years holidays aswell? I work for the council.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Mac, yes last year’s carry over as you were unable to take them and you are entitled to this years as well. Whether you are entitled to only statutory minimum holiday which is 20 days or more, will depend on your Council’s policy on what they allow to carry over. Regards, Lesley, The HR Kiosk

  • Tracey Abel

    hi….ive just been “let go” by my employer after 4 1/2 months…..at the interview my employer said that the induction period was 3 months….He now says that it was 6 months. He offered us no contract and I have 67 hours of holiday entitlement left….am I entitled to this?? I worked in a laundrette. thank you

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Tracey, thanks for your message. You are entitled to all the holiday you have accrued during your 4.5 months there but have not taken; and he must pay you for this. It’s a myth I’m afraid that getting rid of an employee in their probationary period is any ‘easier’, it’s actually makes no difference. Goodluck. Regards, Lesley, The HR Kiosk

  • Juliette

    Hello, my partner works for a college and they officially only shut down for Xmas. As he is now being made redundant after several months of sick leave they are saying he is only entitled to 2 days this is due to them deducting his leave (without informing him) for the college half terms. They say this is their policy to deduct a/l entitlement if you are off sick on any half term but he doesn’t have enough leave to cover all the half terms etc. Is this legal?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Juliette, thanks for your message. You need to look at his contract to see how they handle leave normally (i.e. when not on sick leave) through half terms. However, as he couldn’t take leave at half-term as he was sick, I would think he must be entitled to all those days. Good luck. Regards, Lesley, The HR Kiosk

      • Juliette

        There is nothing in his contract about taking leave at particular times etc. Many thanks Lesley for the clarification.

  • Debbie

    Hi I suffer with rumatoid arthritis and was of work for a week because I had a flare up unfortunately I had a really bad fall through my ra and ended up with a broken bone in finger and torn my ligament and also broke a bone in my foot. I already had a planned holiday booked in at work but had a sick note to cover this period of time even though I was travelling. Can I claim my 2 weeks holiday back ? Thanks debbie

    • http://www.thehrkiosk.co.uk Lesley Furber

      hi Debbie, yes you can claim this back. Good luck. Regards, Lesley, The HR Kiosk

      • Debbie

        Thanks lesley

  • Kira Kitcher

    Hello, I have just been sacked by a small business called J.M cleaning services, I worked for this women for 7 months an only had 2 days of my holiday. I did not receive any of my pay slips but have evidence that she has been paying me from my bank statements. I want to know my rights and what I should do. Thanks kira.

  • John Akin

    I had a motor accident which was not my fault while on annual leave in November 2014. When I came back to work in January 2015, my employer said I can only converted 5 days out of my 16.5 day annual leave to sick leave because I can only carry forward 5 days but will allow additional 5 days.
    The other party insurance agreed laiability for the accident but refused to pay for my 11.5 days annual leave. The insurance sent it to Coppings acountants who said I do not have any claim in respect to my annual leave. My solicitor is sending it to another accountant to review before we issue court proceddings. My employer sent a letter that they can only convert 5 days because of the company policy.
    Please what is my chance?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi John, if that’s what the company policy says then that’s probably all you’ll get, but your Solicitor should advise you. Regards, Lesley, The HR Kiosk

  • jayne

    I have been on sick leave for three weeks with back pain. I have annual leave booked for next week’s and booked holiday abroad months ago. As I am still unfit to do the job I do because of back pain should I get a sick note to cover those two weeks. Can I still be entitled to the leave if I am out of the country?

  • Tim

    Hi, could you help?
    I had an accident at work, 11 hrs before I was due to fly on holiday. I was treated at A&E for second degree burns to may foot. I was told I needed to keep having it re-dressed, but they were happy for me to fly. I had to have it re-dressed nearly every other day, right up to and on the last day. On the last visit, I was given a medical report saying, how many times I had attended the clinic, plus the Spanish doctors recommendation, not to return to work until it had healed completely.
    Where do I stand on claiming my holiday time back? plus, is the Spanish doctors report okay as a sick note?
    I ask this, as they have me down as being on holiday, even though it was an accident at work, just before I was due my leave.
    I get full sick pay with this company, so there is no reason for me to take it as holiday.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Tim, thanks for your message. Yes, the Spanish doctors note should stand as a sick note – Your Employer should arrange a translation if necessary, although the
      HMRC can arrange translation of the certificate into English if the
      employee is in dispute with the Employer about their SSP entitlement. Good luck. Regards, Lesley, The HR Kiosk

      • Tim

        Many thanks for the information Lesley, it’ll be a great help, when I see work today.

  • Warren C Halford

    Hi iv got 2 days holiday I’m starting a new job will they pay me them hoildays if I’m leaving?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Warren, they’ll pay you for them if you have accrued them up to the date you leave. If you have taken more than you have accrued then you won’t be paid for them. Regards, Lesley, The HR Kiosk

  • James moxon

    I need help ! My gp has gave me a possible fit to work note depending on whether my employer can amend my duties. I was given this yesterday , but as of right now without speaking to my work about these amended duties am I not getting paid anything ?

    If my employer can’t amend the duties does this mean I am on sick full time ? My work have good company sick pay but very worried am not getting paid anything right now and in limbo. Can anybody help me ???

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi James, thanks for your message. Your employer should be paying you SSP (if you meet the qualifying conditions), more details are here https://www.crunch.co.uk/blog/small-business-advice/2008/09/16/sickness-and-statutory-sick-pay-ssp/
      You need to read their company sick pay policy and find out in what circumstances you should be paid this, if it’s discretionary etc. But, if your employer can’t amend your duties you will be on full time sick leave. You need to discuss with them what they can do. Good luck. Regards, Lesley, The HR Kiosk

  • AW

    Hi, I have been off sick for the last 4 months and my GP has said that
    assuming I have a phased return agreed with my work she is good for me
    to return in November. I have currently accrued 25 days vacation so far this
    year and will accrue a further 5 by end December (Year end) making a
    total of 30 days (my annual entitlement). My employer is telling me
    that unless I take the unused days before end December I will lose them
    (My manager MAY allow me to carry over 5 days). I only taken 5 days
    holiday off since January and therefore I have 25 days to be taken before
    end of year. Given my GP’s requirement for a phased return starting in
    November it isn’t going to be possible to take all of my vacation days
    … Are work correct stating that I will simply lose the days ? Reading
    your latest update it appears work are not correct but I wanted to
    check.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi AW, thanks for your message. If you’re in the UK, then your employer must let you carry over your holiday entitlement that you have accrued while on sick leave – but this can be limited to the statutory minimum of 20 days entitlement a year (including bank holidays); unless your Employer allows the carry over their occupational annual leave amount (which is higher than the statutory). So they are incorrect and should be aware of this. Good luck. Regards, Lesley, The HR Kiosk

      • AW

        Thank you for the prompt response Lesley. Yes I am in the UK so I will raise to my HR team.

  • Ali

    Hi my partners work give their staff a rolling day in September which can be taken any day in September instead of getting the set day in September weekend. He had put in for 21st September but took unwell on the 17th with sever chest and lung problems and was sent to hospital for tests. He then had 2 lots of antibiotics and was signed off by his doctor till 30th September. On his return on the 30th he asked about his rolling day and he was told he couldn’t get it as he was paid sick pay. Is this right or is he still entitled to a day off?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Ali, thanks for your message. Your partner should get this day ‘back’ as he was on sick leave. Good luck. Regards, Lesley, The HR Kiosk

  • carole

    hello I am of sick at the moment recovering from cancer and myemployer hasn’t paid me my holiday entitlement which I have a letter saying they would ever time that I phone them they say that HR hasn’t got back to them it has been a week and a half its really stressing me out what else can I do to get some answers thank you .

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Carole, thanks for your message. Your employer cannot pay you your holiday entitlement unless you leave, or unless you are on sick leave and are converting sick pay to holiday pay ; can you contact HR directly? Good luck. Regards, Lesley, The HR KIosk

      • carole

        thanks Lesley I am trying to find out what is happening from my manager but still no joy they did give me a letter in july saying that they would pay me for my holiday as I know I’m entitled to it will let you know what happenes carole

  • bethan8

    I have recently returned to work after 7 weeks sick leave which included the August bank holiday. Am I entitled to take this bank holiday at a later date? Thanks

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Bethan, yes you should be. Regards, Lesley, The HR Kiosk

  • Jess

    I have been off sick for 4 and a half months due to a neck injury. I work 39hrs a week and my holiday entitlement until the date I have handed in my notice is 174hrs. I have only had 1 week holiday this year and when I asked them if I could be paid holiday pay instead of ssp they refused.
    What will I be entitled to be paid? Would it be the 174hrs minus the 39hrs I have already taken this year, or would it be something different?
    Thank you.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Jess, you’re entitled to holiday entitlement calculated up until the end of your notice period (not the date you handed in your notice) less 39 hours you’ve taken. Good luck. Regards, Lesley, The HR Kiosk

  • John Shaw

    Hi I have recently been off for around 6 months with high anxiety and depression but recently just quit my job without working any notice, to start a new job without as much stress and better hours for me, because I just quit without notice should I still get holiday pay owed?

    • http://www.thehrkiosk.co.uk Lesley Furber

      HI John, yes you should get paid for the holidays you accrued up to your last day there. Good luck. Regards, Lesley, The HR Kiosk

  • shan lewis

    hi my husband is off sick at the moment ,but is also due holidays, which he is about to cancel, he is retiring end of march 2016 , will his employers have to honour and pay him these holidays as it it highly unlikely he will go back to work

    • http://www.thehrkiosk.co.uk Lesley Furber

      HI Shan, thanks for your message and yes his employer will need to pay for these holidays. Good luck. Regards, Lesley, The HR Kiosk

  • lynsey

    I quit my job because I was threatened with the sack for booking a holiday and they refused to pay my holiday pay I worked there for 17 months what can I do please I did give 4 months notice about my holiday

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Lynsey, thank for your message. I would phone Acas as you may have a case for automatic unfair dismissal, for being unable to take your statutory holiday entitlement. Good luck. Regards, Lesley, The HR Kiosk

  • ZED Nenyx

    Dear Crunch. Please could you advise:
    a – Is my employer entitled to force me to take holiday if I am ‘genially ill like flu etc. or when my Repetitive Migraines – Posner-Schlossman syndrome comes – this comes every year and repeats 30x-45x?
    b – Is he entitled to record the sick day as my holiday on the HR system even without my knowledge? Reasons for asking this:
    I had last 10 days holiday left which I wished to use for Christmas 2015. He came to me and confirmed that he forgot to officially approve my holiday in March so he did it this months. I was fine with that step but it left only 8 days of holiday. I have booked remaining 8 days as holiday for Christmas 2015 2 weeks ago on out HR system, but he has not approve it yet. I stayed home few days with flu and on my return I found out he has already recorded my sick days as holidays so I
    have 6 days left now. Thank you for help and advise. Zdenek

    • http://www.thehrkiosk.co.uk Lesley Furber

      hi Zdenek, your employer should record your sickness absence as sickness unless you agree that you will take holiday instead. It may be though that it is to your benefit financially to be paid for holiday than sickness, if you would only receive SSP normally while off sick? Regards, Lesley, The HR Kiosk

      • ZED Nenyx

        Hello, thank you. I believed the employer is not following the Government rule set in employee law. I am correct, please?

  • Ally

    I was off sick for 7 days including two non work days which preceded a week’s annual leave which I had to take as I work in a school. My employer is saying that as I had a sickness and diarrhoea bug that I have to allow 48 hours clear before I can return to work. Although this is not stated in my contract. This 48 hours would have been the first two days of my holiday. So they are saying that I was off sick for 9 days and have to provide a fit note which I don’t have. As my annual leave is set in stone do I have to include these two days as sick or can I still have them as holiday?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Ally, you need to ask them to clarify what they mean. Regards, Lesley, The HR Kiosk

  • peter hopson

    hi Lesley can I still request my holiday pay as I am still on the sick but not getting any ssp or any payment from work and unlikely to go back to work for quite some time

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Peter, yes you can request this. Regards, Lesley

  • Sonia Stone

    Hi there, work in the care industry on a zero hours contract, up until the point of my sickness i worked full-time for them i have been off for 8 months now, i got my ssp for the 6 months, this has now ended , am I entitled to and have I accrued any holiday, i was admitted to hospital on the 2nd of febuary of this year , my ssp ended on 30th september, so i had only worked all of april before going sick

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Sonia, you are entitled to accrue holiday for all the time you worked. Good luck. Regards, Lesley, The HR Kiosk

  • luke

    So I booked holiday for New year’s eve .It was signed and accepted . But now the person covering me has been kicked off site .I’m told I either can’t have the agreed signed off holiday or I personally have to find someone to do it. Is this right?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Luke, thanks for your message. Your employer can ‘cancel’ your holiday if they give you appropriate notice (which they have if they’ve told you now). It would be best if they helped you find a stand-in though. Good luck. Regards, Lesley, The HR Kiosk

  • Nick Mackrill

    I had a sick note that ran from the 3rd of September until the 21st of September, My annual Leave was booked from the 14th until the 29th of September, although my GP Advised me against going to the USA he still advised me how to get through the flights and things I should and should not do whilst there. my employer is stating that although I get full sick pay they are not paying me for the period as I still went on Holiday, could someone please let me know if this is right.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Nick, thanks for your message. Do you mean that they want the money back they paid you? If you are ill during sick leave then you should get the holiday days back at another point; and they should still pay you sick leave if you were not fit for work but were fit to go away. They may need to contact your GP to clarify this. Talk to them again if you can. Good luck. Regards, Lesley, The HR Kiosk

  • Jonathon Lee

    Trying to resolve my issue with sick leave and bank holidays. I was off for 3 months, and before I was signed off I worked the good Friday and Easter Monday, and after return worked august bank holiday and looks like I’ll be working every Christmas/new year BH. Do I get the time back for BHs during sickness, and is it right, or legal, for me to work every bank holiday during healthy run?
    Our holiday year runs April to March, btw

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Jonathon, thanks for your message. Employee’s don’t have a legal right to not work bank holidays (or the right to take them off either), so basically you should have the whole years allowance of 8 days bank holiday (in England) during your leave year, regardless that you were sick for 3 months. Hope that helps. Regards, Lesley, The HR Kiosk

      • Jonathon Lee

        Thank you. As I thought, but good to have it confirmed

  • Daisy

    Hi I’m a bit confused I had annual leave booked but fell sick my doctor cleared me to go away but said I was still unfit for work and supplied me with a sick note for my employer and now my employer has taken sick pay and refusing to return the annual leave is this correct

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Daisy, not that shouldn’t be correct. There will be situations when you are unfit for work but can go away; your Employer should be contacting your Doctor for clarity on this. Good luck. Regards, Lesley, The HR Kiosk

  • chris

    Hi, can you help clarify where i stand.
    I have been off work for 7 weeks with a shoulder injury which occurred whilst at work.
    In
    the mean time i have been looking for another job as i was not happy
    about the way that i was just left to find my way to hospital and they
    just ignored there duty of care to me.
    Over the christmas period we close with the 3 statutory days and have to save 3 days holiday which i have.
    I
    have now found another job which is less physical and so will be able
    to do this but i still wouldnt be able to do my current job, i handed in
    my notice weeks notice and am due to leave today. on looking at my bank
    for what i was expecting to be a weeks holiday for the christmas period
    whilst we are on shut down i have only received ssp. does this mean
    that next week i will receive ssp and my annual holiday, and would that
    be 3 days or 3 + 3 bank holidays=6

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Chris, you should be paid for the annual leave that you have accrued but not taken; but it depends on your Employers policy on this, as the case law on this only relates to the original 4 weeks leave that was given under the original Working Time Regulations (not the 28 days it is now), so your Employer may only use 4 weeks leave or they may have a policy to use all their normal leave in this calculation. Good luck. Regards, Lesley, The HR Kiosk

  • Carl Fletcher

    Hi wondered if you can help. I was off sick for two weeks last week of Nov 2015 and first week of Dec 2015. I then contacted my boss to say I was fit to return only to be told there was no work. I was off work till 4 Jan 2016. They paid me one weeks holiday pay but haven’t paid me for Xmas eve or Xmas day is this right. Also having gone back to work were now on short time without any notice can this be done. Thanks for any help.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Carl, thanks for your message. You need to know what type of contract you are employed on. If it is a casual workers contract where you have no guaranteed work then they can do this. Do you know why they have paid you one weeks holiday pay, what period that was for? Employers can put staff on short-time working but this must be specified in your contract. Good luck. Regards, Lesley, The HR Kiosk

  • Karen

    Hi, I wonder if you can clarify something for me. If an employee is sick for a day due to a bad cold, would the employer pay for this day as a sick day (not statutory) or as a holiday instead?

    Also, do you know if an employee does not wish to take all their holiday allowance, if they cannot move it to the next year, would they lose it or can they be paid for those days instead?

    Thanks in advance.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Karen, it should be a sick day. Re holiday allowance, this is going to depend if the employer allows carry over of leave (in normal situations, not because of sickness). If the employer doesn’t allow carry over then the holiday would be lost, it should not be paid for (outstanding holiday can only be paid for when an employee leaves the employer). Regards, Lesley, The HR Kiosk

      • Karen

        Thanks Lesley. Just one last question, outstanding holiday can only be paid for when an employee leaves the employer is the legal requirement I guess but what if the employer is happy to pay outstanding holidays, is this OK or is it not allowed by law? Regards, Karen

        • http://www.thehrkiosk.co.uk Lesley Furber

          Hi Karen, technically employers shouldn’t do this, holiday pay can only be paid on leaving! But I know some Employers who do this! Regards, Lesley

  • Pollyann Jones

    Thank you for your really informative article Lesley.
    I have been off work since April 2013 (although I did return very briefly for 2 weeks in September 2013), I was contacted by my union rep before Christmas to advise me that I am entitled to holiday pay as I have been unable to use my entitlement. I did feel awkward contacting work and asking about it as I didn’t want to appear desperate or ungrateful for their help as I am on the works PPI policy and still receive a proportion of my wage. This was back at the beginning of December yet I still haven’t received any settlement. I have been advised that the HR manager in question is looking into this and will contact you just as soon as they have finalised the payment. I just wondered firstly if this is correct, am I entitled to anything? If I am, how long should I reasonably expect to wait? and finally, if I do get anything will it be at my normal hourly rate or calculated at my sick pay rate.
    Many thanks in advance for your help.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Pollyann, thanks for your kind words. You are entitled to at least the original minimum holiday rate of 20 days per year (your employer may offer their normal holiday entitlement), for the time you have been off sick. But if you are still employed this will be given to you as holiday to take on your return, and should not be paid unless you leave the company. You should chase your HR department, there is no ‘reasonable’ time period, but they should explain to you what they are proposing to do. Good luck. Regards, Lesley, The HR Kiosk

  • Siobhan

    Hi, I wonder if you can help, I was off sick with a shoulder injury from April 2014 until February 2015 when I started maternity leave, I resigned from my position last week. Am I entitled to 5.6 weeks for 2014 and 2015?

  • Nikki

    Hi, I wonder if you can help. I was off work for 12 weeks after shoulder surgery (getting paid ssp only) and have been back at work for 2 weeks then had to get a small surgical procedure done on my nose. Instead of taking more time off sick I asked about using my accrued holiday time to recuperate. My work have agreed to this however there is confusion over how much my holiday pay will be. I have a zero hour contract and holiday pay is usually calculated as an average of my last 12 weeks pay. Would this be based on my last 12 weeks work prior to my stat sick leave, or will I essentially get the same amount that I received whilst getting paid ssp? Thanks in advance for your help.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Nikki, thanks for your message. I can’t be sure about this but I think it should be based on the average of what you were paid in the last 12 weeks pay. It might be worth phoning Acas on 0300 123 1100 to see what they advise. Regards, Lesley, The HR Kiosk

  • Rachel

    Hello, I am currently off sick being paid SSP. This sick leave has carried on from my maternity leave which came to an end on the 26/10/15. My daughter was stillborn on the 26/10/14 but I chose to take my full maternity leave as I could not face the return to work. Still unable to face the return to work I have been signed off as unfit for work by my GP since. I am currently owed 5 days sick leave from last year (accrued between 26/10/15 – 31/12/14) and I guess I will also be accruing leave for this year. I want to ask my employer if he can pay me these holidays that are owed to me to top up my pay but I am unsure if that is possible whilst I am on SSP. I wanted to get my facts straight before I go ahead and ask. Thank you in advance for you help.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Rachel, thanks for your message. You should be paid for this holiday at your normal rate of pay and you should receive SSP at the same time. Good luck. Regards, Lesley, The HR Kiosk

      • Rachel

        Hi Lesley, many thanks for your reply. I asked my employer to pay me for my holidays (5 days carried over from last year and 6 accrued so far this year) but he is still refusing to pay me for them. He is saying he has been advised to pay me for them to “top up” my pay if I return to work on a phased return. Do you have any advise on what I should do next? Thank you in advance for your help.

        • http://www.thehrkiosk.co.uk Lesley Furber

          Hi Rachel, I’m not sure where his advice came from, as you have the right to ‘top up’ your SSP with unused holiday while you are on sick-leave. If would have thought it was too complicated to do on your return (and normally if you are working, then you can’t receive money for unused holiday at the same time; you can only receive money for unused holiday while you are on sick leave or if you leave the employer). Lesley

  • jabbar hussain

    hi i on sick now but am returning on 14/03/2016 and still have 7 days hoildays left but the hoildays for that year end on 25/03/16 can my employer refuse my hoildays

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Jabbar, you need to ask them if you can carry them over as you could not use them because of your sick leave. Good luck. Regards, Lesley, The HR Kiosk

  • Jackie Barnes

    How does the NMW or the new Living wage affect holidays being paid when on long term sickness.
    Would you need to calculate at different rates if they have crossed over increases?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Jackie, yes if your rate rises then you need to recalculate the amount you would receive whilst on sickness (although this wont’ affect SSP-only payments which are at a flat rate). Good luck. Regards, Lesley, The HR Kiosk

  • David Edwards

    I’m a shift worker and we work 4 weeks on and 10 days off if we fall sick either before or during our 10 days off can we claim these days back

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi David, thanks for your message. Would this be classed as holiday? regards, Lesley, The HR Kiosk

  • Gavin Dyer

    I work for local council in Devon and at the end of October I was suspended from duties due to being reported as drunk while on duty in the public eye and for bringing the council into distribute. I was 4 months later cleared of all counts and free to return to work.
    2 weeks later after being suspended I was signed of work for a total of 4 months due to depression and anxiety. I then have had to wait for another month after being fit to return to work while my employer refered me to Occupational Health report to make sure I am fit for the job I do in the council.
    I am returning to work on a fazed return (2 weeks @ 50% 2 weeks @ 75%)
    I have 2 questions I would like to ask please.
    1) on my fazed back to work am I entitled to my full pay while I am working the reduced hours.
    2) I still have 3 weeks holiday entitlement I have been unable to take due to being of sick and have to the end of this month (March – and I’m going back to work on 23rd of March) to take it which I won’t be able to take so am I entailed to carry this time over to my 2016 / 2017 entitlement ?
    I would like to add while I’ve been off sick (4 months + 1 month waiting on reports to see if I’m fit to work so not on sick for that month – during this 5 months I have received FULL pay. Should I just forget about my holiday as I’ve had the month off anyway? I know this sounds complicated !!

    Thanks for your time

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Gavin, thanks for your message. It is unlikely you would receive full pay during your phased return period, but you need to ask the Council this as they may have a different policy. You are entitled to carry over your unused holiday entitlement, but again check this with the Council. Good luck. Regards, Lesley, The HR Kiosk

  • Chris Nolan

    Hi l had left my company this feb . l started working back in nurseing on the 15 feb 2016 with my new company this was agency work. I worked on nights the 15thfeb l was given work the 15,16,17th l came out of work the 16th in the morning. l got in my car and pulled my back. My doctor said l could not work as my back had damaged l sent my sick notes in and still do but was told they would not pay me SSP. I still am sending them in and have had no money at all. I have worked 47 years and never had to claim any sick pay . l have a partner who works but was told that she should keep me this is a disgrace. What she earns should not be taking into consideration .l am claiming for me not her. Is this true as if it is l will not claim. If not true how do l claim. …………………

    Mr Chris Nolan

  • Jane Francis

    Hi. I have been off sick with depression for 8 weeks. During this time I had some booked annual leave days. Some was booked for childcare issues and some was booked for a pre booked holiday abroad Work is suggesting that I can’t have the annual leave days back because I actually went on the holiday abroad even though I was signed off sick. I was honest with them about the holiday and they did advise that it was reasonable to go on a family holiday as it would do me good to have some quality family time and relax. I now have to go in to work for a meeting and want to have the facts about annual leave whilst off sick before I go.

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Jane, the fact that you went on holiday should not be relevant, especially if your employer was aware of this anyway. Good luck. Regards, Lesley, The HR Kiosk

  • Steve

    I have been off work on sick for nearly a year and I have had to leave on the grounds I cannot physically do that job no more anymore I left on my own account am I still entitled to holiday pay

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Steve, yes you are still entitled to holiday pay, at least the statutory minimum, for the time you’ve been off sick. Good luck. Regards, Lesley, The HR Kiosk

  • Jakki Bradshaw

    Hi, I was off sick for 5 months and have returned to work after 1st April. I was expecting to carry over all my holidays to this year but I have been advised that instead of my usual entitlement 273 hours they are basing it on the statutory entitlement of 214, does that sound reasonable?

    • http://www.thehrkiosk.co.uk Lesley Furber

      Hi Jakki, thanks for your message. Your employer isn’t obliged to give you your usual entitlement (unless they have written down in their sick policy that they will) then can give you only the statutory entitlement. Good luck. Regards, Lesley, The HR Kiosk

  • Ben

    Hi Leslie, thanks so much for your help. I feel much better about speaking to him next week.

  • http://www.thehrkiosk.co.uk Lesley Furber

    Hi Helen, you are entitled to 20 days holiday (which is called the statutory ‘minimum’) if you are off sick (per annum); unless your company offers to pay for more. So yes, that would mean the Company does not have to pay you for the bank holidays. Hope that helps. Regards, Lesley, The HR Kiosk