adam Posted September 16, 2009 Share Posted September 16, 2009 I have just found out that a couple of recent court cases mean that those of us on long term sick from work, continue to accrue holiday entitlement from your employer, throughout the time of your sickness. In addition your employer must carry over your untaken annual leave across leave years irrespective of contractual statements. Interesting, I'm not sure how to raise it with my boss though, think that will go down like a ton of bricks, he's a bit of a dinosaur! See the attached article http://www.guardian.co.uk/money/2009/sep/15/holiday-sickness TTFN Adam Quote Link to comment Share on other sites More sharing options...
Super Mario Posted September 16, 2009 Share Posted September 16, 2009 I never had any problems carrying holidays over when I have had long term sickness. After my SAH I was unable to work again due to disability and my employers gave me my pay in lieu of the holidays I did not take during that year. Quote Link to comment Share on other sites More sharing options...
kim0811 Posted September 16, 2009 Share Posted September 16, 2009 I was off work for 15 months after my SAH from Oct 2004 to Jan 2006. My holiday allowance for 2005 was never mentioned but, as I'd been on full pay, I didn't feel I should raise the question. Kim XX Quote Link to comment Share on other sites More sharing options...
adam Posted September 16, 2009 Author Share Posted September 16, 2009 Hi all You all seem to have more enlightened employers than I do I know my boss will "go ape" when I tell him of this, I can see why you didn't as you were on full pay, however I was only on full pay for 3 months and am now on half pay which is being funded by an insurance company. Anyway just thought I would mention it. I know I'll be doing something about it...the top up from half salary will be more than welcome. TTFN Adam Quote Link to comment Share on other sites More sharing options...
Anne Fleming Posted September 17, 2009 Share Posted September 17, 2009 Hi Adam I was off work for 6 months on full pay, which I really appreciated as we're a small voluntary organisation. When I got back I didn't raise the question of holidays with them, as (like Kim) I felt they had gone out of their way to support me. However if you company is more one which sticks to rules etc then you should have no qualms about bringing it up with them. Hope it works out. Best Anne Quote Link to comment Share on other sites More sharing options...
paul99 Posted September 17, 2009 Share Posted September 17, 2009 adam im going to be devils advocate here i understand where you are comming from and as you are on half pay which i think is a poor deal personely i think you have nothing to lose i take it you arnt working yet what is your future chances of going back to work honestly with your prognois if and when you do go back to work will you function the way you did look hard if not then it could give them a reason the release you as unsuitable and failing to comply with the terms of contract there fore they got rid of you if you do ask about holiday pay as such they could release you which would be illegal but the old saying if you dont ask you dont get it is a dilemia but you need advice from the cab who could come and see you at home talk it through with them before you jump take care Quote Link to comment Share on other sites More sharing options...
adam Posted September 18, 2009 Author Share Posted September 18, 2009 Thanks All I appreciate all the comments made. As the saying goes, I'm between the devil and the deep blue sea, I know my immediate boss (the UK MD) will have a fit if I ask for my untaken holiday, however his boss (the parent company in Australia) I have a very good relationship with the HR director (I was Operations and HR Director for the UK) believes very strongly in doing the right thing! I'm not talking about accruing holiday whilst off sick here, the fact is, when I went off sick, I had 24 days accrued holiday leave, these have now been lost, I haven't taken them, and they haven't been carried over into the next holiday year. My point is that whereas I was paid my contractual sick pay for 3 months, almost 1 1/2 months of that could be construed as being taken as holiday. I fully appreciate your comments regarding "burning your bridges" however from the content of some of the emails I have had from my boss, I'm not sure he want's me back.. I already have an email from him that says "don't come back, until you have got your driving licence back" a clear breach of the disability discrimination act. It's a difficult choice, go up against my UK boss and hope the Australian parent company will support me, or take it on the chin and hope that in time I can get back to doing what I did well before my haemorrhage!!! On the other hand, does anyone know someone who needs a compliance/operations and HR director in the midlands........PS only slightly brain damaged, my wife calls it "quirky" Seriously though, what are peoples opinions, should I be trying to get last years untaken holiday paid or carried over, ie topping up my sick pay to what someone who had taken all their holidays would get, or should I just forget it... Answers on a postcard please Thanks Adam Quote Link to comment Share on other sites More sharing options...
paul99 Posted September 18, 2009 Share Posted September 18, 2009 adam just go for it you have nothing to lose talk to cab they will help you a great deal and help with the disabilty act as well good luck Quote Link to comment Share on other sites More sharing options...
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