Holiday entitlement during sick leave


I wondered if anyone could give me some advice.

I was diagnoised on 30th April last year. Up until i had my masectomy on 30th June i continued working as normal. When i went off for my masectomy i started working from home and then buidling up to doing a few days a week in the office/working from home until i started chemo in the September. I continued working from home as and when i was able to, it was not my normal 9 to 5pm hours but i was still completing all tasks associated with my role. It may have been logging on at 1pm and working till 9pm or if i missed one day due to illness i would work a saturday or sunday etc. Although my contract states SSP for sickness my employer ki dly continued paying me full pay. However i believe i was also flexible in continuing to cover my role even though some weeks i was really very poorly. (They were even ringing me about work whilst i was admitted to hospital) . I started back in the office full time the day after my last radiation session and i have been having time off for hospital appointments. I have had no time off away from work to recover.

My question is i was not officially on sick leave but i was also not working full time office hours so where do i stand with holiday entitlement ?

In my mind i was continuing to do my job albiet not at my set hours but i was working and covering my role at random times of the day, night and weekends, so i believe im still entitled to my 4 weeks holiday. I asked my employer for a return to work meeting as i was originally wanting a phased return as i am on burn out from not having any time off work but it the meeting never transpired and now im afraid to ask about my holidays being carried over.

I am totally exhausted as although i was not working in the office full time i was still working and doing a full time job whilst i was sick and working weekends etc and i have had no real time off where i dont need to log on and work for 10 months. I was banking on the the 4 weeks being carried over to this year so i could take time to mentally and physically recover.

Because i was not offically sick and i was not working in the office full time i dont know where i stand.

Hi there… look at your leave policy and soeak to HR…i went back to work in feb …then took my 33 days leave first…starting back after leave in april ( when leave starts over) and had a 2 month phased return…my occupational health advised this…and my manager worked out the timings for me so as not to lose any leave …a return to work meeting is your right…ask for one asap …hope you get sortedv

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Sorry to hear your situation. I would talk to Citizens Advice or look at then I would talk to HR. Get some facts before your meeting.

Apart from time of for your surgery, It seems you were working your contractual hours, albeit not on the office, so a reasonable adjustment. You didn’t mentioned a Fit for Work note signing you off work or doctors suggestions of adjustments. So it doesn’t appear you were off sick after returning from your surgery, so unsure why statutory sick pay was even considered.

Are they aware you made up your hours in the evening and over weekends?

You are classed as disabled under the Equality Act 2010 and reasonable adjustments should be considered.

I hope you get some answers soon.

Take care :smiling_face_with_three_hearts:

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