annual leave

[jasmin26]

My sister is off from work as she was diagnosed with breast cancer , She isnt expected to be fit enough for work until at least the end of April. Her annual leave year runs from the begining of March to the end of February. He employer has told her that any annual leave she has left will be lost as she wont be there to take it. Can anyone tell me if this is correct as I thought there was some newish regulation that says otherwise. TIA

[craft1948]

I think she'll lose it, but as presumably she won't want to go on holiday whilst she's ill what is the problem?

[dotty.]

if she is being paid sickness during her absence that will replace holiday pay I believe.

[factor-fiction]

I think you may be thinking of the recent legislation that was something to do with an EC ruling about being able to reclaim holidays when the employee was sick whilst away.

[factor-fiction]

It's a complex area though- a bit like holidays for maternity cover. Hopefully someone like buildersmate can help or someone can find a definitive link

[jasmin26]

You may be right Factor. I thought I had read somewhere that if you werent able to take you leave entitlement due to illness, it should be carried over to the following leave year.

[chas2008]

my wife went through serious breast cancer, masectomy/chemo/radiotherapy/plastic surgery,she juggled sick days with holidays as she wasnt paid sick pay so the impact wasnt as bad financially. Not knowing what your sister does for a living makes it difficult to comment on but my wife carried on working in between the various ops/treatment, her choice...

[factor-fiction]

It wouldn't surprise me but it could lead to anomalies. If someone is off sick all year and gets full pay but is then allowed double holidays next year it seems unfair that someone who was in all year then has to cover the work next year of the person while they take double holidays.

[Nibble]

This "seems" to cover these circumstances

http://www.lewissilki...er-automatically.aspx

And also, as to the stated "use it or lose it" under these circumstances then [i]The Court of Appeal’s latest ruling does not resolve all outstanding issues, but does give a clear answer on whether the employer can operate a “use it or lose it” holiday policy in relation to sick workers. The short answer is - no! The judgment also gives guidance on some other key issues.[i]


Hope this helps ☺

[jasmin26]

My sister isnt getting company sick pay, she is only getting SSP. Her job is very manual so going to work isnt really an option.

[jasmin26]

thanks nibbles that helps a lot.

[Prudie]

I'm glad that's helped. I suppose it depends on employer but certainly in the civil service you can be off sick (or on maternity leave) and you get all your untaken leave carried over. It's considered that being off sick does not equate to the rest and recuperation ethic of what leave is actually for.

[factor-fiction]

Wouldn't work for a teacher though Prudie- would it?

[jasmin26]

I am a Civil Servant Prudie and you are right, our leave is automatically carried over.

[Prudie]

No it wouldn't factor, in fact when I was doing it you didn't even get annual leave outside of school holidays - I believe that might be different now??

[factor-fiction]

Teachers certainly don't get additional days (and quite right too)

[Prudie]

No I meant I could never take any time off in term time. I thought that had changed slightly?

[Nibble]

As I read the ruling from the Court of Appeal, [i]It is worth noting that the scope for carry-over is not indefinite. Recent ECJ decisions in KHS AG v Schulte [2012] IRLR 156 and Neidel have suggested that carry-over of holiday can be limited to a specific period of time after the employee has returned to work (with 15 months being permissible and nine months too short). The Court of Appeal’s decision in Larner also expressly confirms that, once an employee has returned to work after illness, he or she will need to request to take carried-over holiday in the usual way.[i]

This would in effect, make the issue, in the case of a teacher MUST take some of the carried over leave during term-time, as not taking the accrued annual leave would be in breach of the ruling & WTD. IMO

[THECORBYLOON]

As I read it, the decisions relate only to statutory leave entitlement and not any additional leave the employee is entitlred to under their contract.