Long term illness & holiday entitlement.

[riclin]

Hi all,
Don't know if I'm posting this in the right place? (can a mod please move it if necc,thanks)

Just thought I'd let you know an interesting fact regarding anyone who might have had a bout of long term "sick leave" from work.

I recently returned to work following my six months battle with cancer.I won the battle!!
I asked my employer what the situation was regarding the holidays I had been unable to take during the "holiday year" (Jan-Dec) and was promptly informed that I could NOT "carry over" any of my holiday entitlement from last year,to this year! ?? resulting in my "losing" 8 days holiday pay!

I considered this, to be totally unfair,as I had not been in a position to take any of these days due to my illness!.

On researching this matter on the A.C.A.S. website I discovered a new "ruling",which informed me,that ANY employee,who has a long term sickness, CAN carry over any unused holiday entitlement!!! (even if there was no request to do so!)

Result???
I copied & pasted this info to my company director,and was eventually informed,that I CAN "carry over" my unused holiday from last year!!!
(8 days!)

Sorry for the long post,But I hope this helps anyone else in the unfortunate position,of long term illness!

[MrDoodles]

You clearly don't enjoy working there, if you are going to force a legal point on an Employer over 8 days holiday!

[riclin]

Originally Posted by MrDoodles

You clearly don't enjoy working there, if you are going to force a legal point on an Employer over 8 days holiday!

I work permanent 12hr nights,and have to work EVERY weekend!
I therefore cherish any holidays I am rightfully entitled to!

[MrDoodles]

I understand all that and I'm really pleased that you are a Cancer survivor!

I'm just saying that after 6 months off on the sick, forcing the issue in the current job market might not be the wisest thing to do!

Hope you get it and that it doesn't cause you any problems!

[murphyv310]

Originally Posted by riclin

I work permanent 12hr nights,and have to work EVERY weekend!
I therefore cherish any holidays I am rightfully entitled to!

Quite right.
I'm glad you have had a positive outcome both with health and your holiday entitlement. I too have health issues and my employer was less than sympathetic even though my issues were caused by the employer.
Things though dramatically changed when the major partners wife took seriously ill, he then realised how badly treated I was. I left them in 2010 but returned a year ago to a dramatically improved atmosphere, things are now done properly by the employer and as I am happier and less stressed I am able to give much more than I could before, so I can assure you it works both ways for the benefit of employee and employer.
Employers have to do it by the book and both parties have to be reasonable.

[Westonboy]

Congratulations on your recovery and well done for asserting your rights. My Daughter is currently off work and awaiting an operation. Her employers have been totally unsympathetic. She had a previous 14 years service without any absence but was issued with a disciplinary caution and threatened with dismissal. I am now, with her authority, dealing with her affairs and the caution has been rescinded and a letter of apology has been sent to her, but what a crock of poo, The fact is she is the last remaining English citizen in her job, All the rest have been bullied into leaving and replaced with zero contract Eastern Europeans.

[riclin]

Originally Posted by MrDoodles

I understand all that and I'm really pleased that you are a Cancer survivor!

I'm just saying that after 6 months off on the sick, forcing the issue in the current job market might not be the wisest thing to do!

Hope you get it and that it doesn't cause you any problems!

Thank you Mr Doodles,
I have now been informed my unused holidays have been credited to me, to use this year, BUT as this is an automatic right,surely,I should NOT have had to take these steps to enforce them in the first place???

[macafee2]

riclin so glad you won the cancer battle. thank you for post, I did not know. My best friend has been off for 6 months so this may be of news to him.

no matter what company it is a shame that some employees are not treated with sympathy when off sick, genuine sick.
It could be the manager did not know that holiday entitlement could be carried over. It is also a shame that some employees take the micky out of employers and use sick as an extra few days off.

macafee2

[Mikeal1]

Weather you enjoy your job or not is totally irrelevant. As a worker you have workers rights and these should be adhered to no matter what the circumstances are.

Before I started my own business I was a director of a charity, even then the CEO would advise me try to "get away" without paying holidays, sick pay etc etc. It may be a small amount to the individual, but with 900 staff it would mean a huge saving to the company. This amongst other issues made me leave and start up on my own.

Unfortunately sometimes you just have to stand your ground and fight for what is rightfully yours.

Well done.

[riclin]

Originally Posted by Mikeal1

Weather you enjoy your job or not is totally irrelevant. As a worker you have workers rights and these should be adhered to no matter what the circumstances are.

Before I started my own business I was a director of a charity, even then the CEO would advise me try to "get away" without paying holidays, sick pay etc etc. It may be a small amount to the individual, but with 900 staff it would mean a huge saving to the company. This amongst other issues made me leave and start up on my own.

Unfortunately sometimes you just have to stand your ground and fight for what is rightfully yours

Well done.

Well said that man!!!