holiday entitlement

I’m due to return to work in September so I rang and let HR know.

I’m hoping someone here might know whether it’s permissable for them to say that because the leave year ends in July I can’t carry forward more than 5 days leave from last year. I thought that one was still owed leave accrued whilst off sick. As I carry 5 days forward each year this means I’ve lost all my leave from last year. The five days limit is standatd practice here but i had believed that they couldn’t enforce it in the case of sickness.

Have we got any HR experts out there? I don’t want to make a fuss unless I’m definitely right.

Thanks

I think you need to ring and ask someone as when I went back to work last yr I got all my holiday ent also I was told you they have to give u holiday cos y off sick as it’s not our fault I’m sure I read it somewhere maybe u can google it

Unfortunately I’d be surprised if there’s any legal entitlement for carrying over more leave. I can carry over five days as well but they actually let me carry over nine as I’d got four days booked off over Christmas.

Our leave year is January - December and I’d booked off the four days right at the end of the leave year and was carrying over five, but as I got my DX on December 15th and was having my op on Christmas Eve I was told a couple of days before just to go home and get everything sorted that I needed to. I’d assumed I’d lose the four days but was very surprised and grateful to find that they’d used their discretion and added them on for 2011.

Maybe I’m just very lucky with my Line Manager - I don’t think the more senior management knew anything about it!

Jane xxx

I went back to work in May after being off for a year. When I went back they told me I was entitled to all the annual leave I didn’t take last year (I still had loads left when I went off sick), plus my full year’s entitlement this year. So they basically sent me back home to use up my annual leave - it was that or pay me for it. Either way you shouldn’t lose out because of being off sick, and I believe some people have taken their employers to court over this and been successful.

See what your HR dept say but it is definitely worth looking into if they try to fob you off. Good luck! xxx

Hi, this is the first time I’ve posted so hope I get the buttons right. Felt I had to post because this is a situation that you just don’t need now, and it’s totally unnecessary - if your like me then the treatment process is providing quite enough wear and tear on the nerves. The position with hols. is if you haven’t been able to take your holidays last holiday year because you were off sick, then normally it would be the case that they were carried into this holiday year. You shouldn’t just lose them. Why don’t you contact the ACAS Helpline on 08457 47 47 47,they advise on employment legislation and can talk you through the situation. (Hope it’s OK to post this) You could also suggest that your employer checks out their position with ACAS (helpline is for both employers and employees).
The info. above applies to statutory hols.
I hope this is helpful.

I hope that’s right sallieannie - it seems very mean if not. It’s hard to judge in my case because I was right at the end of the leave year anyway.

I actually tagged some annual leave onto the end of my sick leave to avoid going over the six months and dropping to half pay. I officially went back two days after finishing rads, in fact due to traking leave it was two weeks after. I’d been back in between chemos 2-4 for a week and a half each time so gained a bit that way as well.

I REALLY couldn’t afford to drop to half pay!

Jane xxx

Thanks for all the responses. Goggling clearly suggests that I am entitled to accrued statutory leave but i’m not sure whether the same applies to my organisational leave or not.

Hi all,

Here’s the link to the area of these forums regarding employment and travel where you may find what you are asking has been discussed previously.

breastcancercare.org.uk/forum/employment,-travel-and-financial-issues-f33.html

Also here’s the link to BCC’s Employ Charter you may find helpful

breastcancercare.org.uk/breast-cancer-breast-health/living-with-breast-cancer/practicalities/

Hope this helps.

Jo, Facilitator

Don’t even get me started on this subject, my blood pressure couldn’t take it! Just let me echo what someone else has said, ACAS are very helpful, give their helpline a ring. They are especially useful if like me you work for a small company who seem to think that they can make things up as they go along :wink:

Hi
My employer tried to do something similar when I returned to work in May 2009. The case Stringer v HMRC was going through the courts at the time and I threatened to make a claim to an employment tribunal on the back of this. Claims need to be made within 3 months of your employer writing off your existing leave entitlement. My threat was enough to make them settle with me. I am still v angry about it as this was the last thing I needed when I was still unwell and they are alway bleating on about caring for staff. AAaaah!

My advice - get them to put down their reasons in writing so there can be no dubiety about this, get some advice and watch the time limits!

personneltoday.com/articles/2009/01/21/49084/paid-holiday-ecj-ruling-on-stringer-v-hmrc.html

My organisation is very large and they have published the guideline that “long-term sickness attracts annual leave as normal”. But I don’t know if that’s just my org: I think it’s national and a result of EC rulings about working time regulation, but acas could tell you that.

I had a very unpredictable year 2009/10 (my leave year runs april-march) pre-treatment, was diagnosed october2009 and had pushed my annual leave ahead of me planning to use it jan/feb 2010 when I hoped I would be getting back after surgery; but the breast surgeon put me onto neo-adjuvant tamoxifen, he wanted to do lumpectomy so he wanted to shrink the large tumour, and my surgery was pushed later and later until eventually I had it feb 2010 and so I didn’t get back during the leave year to march 2010, and I also didn’t get to take the leave either. I had somehow managed to work through those four months at the end of 2009, although can’t say I was very effective! Came back after rads, mid june 2010, with a staged return and still hadn’t used any leave as I had planned. I was swimming in leave that I didn’t feel I needed (well I’d just been off five months, and it was summer hols, everyone else needed a break more than I did!) as I brought in several weeks from 2009/10. My boss kept very good records for me and so when I went off again after christmas with lymphoedema, she made sure I got paid up to date at the end of the year in march 2011, so we came into 2011/12 from a fresh start. That has made everything since then so much easier, and as I didn’t really feel I needed the time but I did need the money, it was a really useful good decision.

This process was definitely helped by good record-keeping and good co-ordination between HR and my boss. Just to add there are some super caring bosses out there, I know I am very lucky!

Hope this helps