Apologies if this has been covered already but I just wanted to alert everyone to legislation my understanding of which is: -
Employees are entitled to accrue holidays whilst on sick leave.
You cannot take holidays whilst on sick leave (or be forced too).
Workers who have been on long term sick are allowed to carry over holidays they have been unable to take to the following year.
On termination of employment workers should be paid all holiday pay due to them.
An appeal against this European legislation was overturned by the Law Lords on 10 June 2009, it is my understanding that some employers (including my own) are not adhering to this and are breaking the law by withholding holiday pay or days owed.
I returned to work two weeks ago and have been totally messed around by my management who initially advised me I would be entitled to my full year’s holiday pay. It was agreed I would have a holiday break before returning to work then use the rest of my hols to prolong my phased return to full time work. They now say I have lost last years holiday pay and I will only accrue holiday pay now I am back working. What I joke now I own them hours – so much for a stress free gentle return to work!!
Anyway I have discussed this with my union who advised me of the above. They said that the council I work for has several similar claims against it and that I am entitled to all my holiday pay for last year and this year – which is more that I thought in the first place. I am preparing a grievance claim and would advise anyone else in this situation to do the same.
Only that my work place were marvellous…a further eduction college.
I took a year off with full pay, could have taken longer (I had a bad diagnosis from the very beginning) and I received all my holiday entitlement. I didn’t even realise I was entitled to holidays this info was freely given to me by my HR dept along with copies of the disability discrimination acts rights for employees. Good Luck.
Good to know that some agencies are treating their employees properly and that you got the support you deserved. I work for a local council and expected much better treatment. Funnily enough I was initially so upset but now am so angry - which shows I am feeling much stronger than I was a few months ago which is good.
I have an Email from my HR dept which categorically says that I have lost last year’s leave allowance, because “sick leave does not count as a mitigating circumstance”. My union rep says otherwise but HR are denying he is right !
I guess I should take it further
Ros
I just found that there is a ruling of the ECJ (European Court of Justice) in September, in relation to a Spanish case, that may result in entitlement to carry-over, including in the UK. This is explained on page 17 of this document: