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BABSann

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Ok I have been off work(back now)for a long time following an injury to my arm/shoulder.

I went on my holiday in August for 2 weeks,although I was still signed off work.So I wondered what the legal stance is on this,I didn't even think about it until 5 minutes ago:!:

I'm not sure how it works,should I have received my sick pay and still kept my holiday entitlement?My sick note covered me until last thursday(6th)so covered me my entire holiday,yet I have used my holiday entitlement.:eek:

Any advice/help on this would be greatly appreciated.Have looked on the web but cant see anything with ref to this.
 

ladybgemini

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I think you still use up your holiday entitlement hun unfortunately.

Rachel xx
 

florence2004

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It is the companies descretion usually. The company I used to work for would have paid it as sick and not taken it from holiday entitlement, but they don't have to do that.
 

BABSann

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Mmmm,interesting,so I wouldn't have been able to cancel my holiday(being as I was getting sick pay anyway and not at work)then booked myself out for another holiday,when I was at work?

Dont get me wrong,I'm no money grabber,only had one day off sick in 3 and a half years until this incident,just seems a bit unfair to me.
 

Zo Zo

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I don't know the legal position so I guess I shouldn't be answering this thread:lol:

But I think as you were signed off sick then your holiday entitlement should remain intact, i.e. you cannot be off work for both reasons at the same time, and if you worked for a major plc then I'm sure you would still have your holiday entitlement

However, if I were your boss, I might think, well, you were too poorly to work but well enough to go on holiday?

Maybe you could just ask her what the position is? And also go to the CAB and find out for sure

BUT if you like your job and don't want to cause friction with your boss you could just accept it. I'm not sure what I would do in your position, sorry:eek:
 

Zo Zo

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Just a thought, I don't know how much of a strain it was for your boss that you were off sick for so long, and what your relationship is like, but even if you are entitled to your holiday on top of the sick leave, it might be hard for your boss if you have another two weeks off. (That's the joy of being a boss I guess!)
 

florence2004

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Last year I was signed off for around 6 months on long term sick leave. In that time I got married and went on my honeymoon and my company credited half my holiday back and paid half as sick pay.
 

bombini

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I *think* you can claim it back.

Years ago I had booked a week off work and got the flu the 2nd day I was off and ended up being off for two weeks. I never did anything about it as it wasn't until several months later I was told that I could of claimed the holiday back but by then Id of had to repay the holiday pay to, hope that makes sense.

My advice would be to check with the CAB im sure thats who I spoke to.
 

BABSann

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I don't know the legal position so I guess I shouldn't be answering this thread:lol:

But I think as you were signed off sick then your holiday entitlement should remain intact, i.e. you cannot be off work for both reasons at the same time, and if you worked for a major plc then I'm sure you would still have your holiday entitlement

However, if I were your boss, I might think, well, you were too poorly to work but well enough to go on holiday?

Maybe you could just ask her what the position is? And also go to the CAB and find out for sure

BUT if you like your job and don't want to cause friction with your boss you could just accept it. I'm not sure what I would do in your position, sorry:eek:
Thanks for all the replies,in answer to your comment zozo about if you were my boss,and thinking if I were too poorly to work but not too poorly to go on holiday.....Well,I smashed my humerous (shattered it to be precise)had a large pin put in it to hold it all together and had no use of it,hence why I was off sick.Still dont have great use of it now and probably will never regain full use ever again,so it's not a nice situation.So sadly I was too poorly to work but NOT too poorly to have a break in France.(no skiing,deep sea diving,or para gliding:green:Just sitting and relaxing)

My boss was more than aware that I was unable to work,indeed she came to the house after my children called her,following my fall down the stairs,I wasn't just off sick,I was in a right sorry state

I have been extremely loyal to my boss,and in fact was not supposed to return to work at all,I went back purely because of her,as it's just the 2 of us(that's another story though)

I wouldn't put any strain on my boss and have another 2 weeks,even if entitled to it,it was more out of interest.Thanks though for your help.:hug:
 

joe90

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Babs, this has happened to me and the legal stance is this - that all your holidays should be credited back to you. The company I used to work for tried to take my holidays away from me when I was offi sick (even though I did go away) and ACAS said that were not allowed to do this. Soon got them credited when I mentioned ACAS!!
 

BABSann

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Babs, this has happened to me and the legal stance is this - that all your holidays should be credited back to you. The company I used to work for tried to take my holidays away from me when I was offi sick (even though I did go away) and ACAS said that were not allowed to do this. Soon got them credited when I mentioned ACAS!!
Thanks for that info Joe,I thought it should be but wasn't entirely sure.It just didn't seem fair.xx:hug:
 

minky

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Hi, I was just about to say what if someone had a broken arm ? they could still have a holiday or (convalescence ) as they call it , you cannot work with a broken arm or badly strained arm, even so I would think you are still owed your holiday pay too ,

I think as you have been so loyal to your Boss
and she sounds like an ok kinda guy , I think she will pay you, :hug:
Let us know how you get on ? and I hope your arm is ok now :hug:

.
 

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