SSP and holiday entitlement - advice please.

[RoomForASmallOne]

I am currently off work with a long term illness and receiving Statutory Sick Pay from my employer.
My sickness began in September 2015 and my note expires end of May 2016 (this may be extended)
My absence will span the cut off date for holiday accruement.
Can anyone tell me if I will forfeit any holiday pay due to SSP??
My HR dept are not very forthcoming with information.
Thank you

[IceMaiden73]

Try reading this www.crunch.co.uk/blog/news/2012/08/21/holiday-entitlement-and-sick-leave-some-clarity-in-2012/

[RoomForASmallOne]

Thank you IceMaiden

Much appreciated

[MummyBex1985]

What you can hope for is the full four weeks of leave that you will accrue during the previous annual leave year, which you can carry forward to the next leave year in addition to your usual entitlement. You should receive your normal rate of pay for that leave.

[RoomForASmallOne]

Thank you MummyBex

[yummumto3girls]

MummyBex you are wrong, it is not in addition to usual entitlement. Recent case law says it is the statutory 4 weeks entitlement only LESS any leave already used during the leave year. It will only be the remaining leave that is permitted to be carried over, unless your employer permits anything over and above this. Any other leave will be lost.

[RoomForASmallOne]

Thanks yummy
I've read it as remaining leave.

[MummyBex1985]

It's leave for the previous year, IN ADDITION to the current leave year. Apologies if that was confused in my post. Obviously any leave already taken would be deducted, therefore it applies only to leave which is accrued but untaken. Common sense, really

[RoomForASmallOne]

Thanks Mummy

[RoomForASmallOne]

Hello... Me again

My HR manager has since informed me that any holiday accrued whilst I have been off sick is now lost.
Is she correct??

[ChessieFL]

No she isn't - see posts above!

[confusedandemployed]

She is definitely incorrect. Your accrued holidays (untaken) should still be available to you.

[SisterMoonshine]

I know that I can't carry holiday over to the next year where I work. It's 'use it or lose it'.
I got lucky with where my maternity leave landed that I could tack all my holiday on, but if it had gone into the next annual leave year I don't think I could have.

[SisterMoonshine]

"untaken holiday can be carried forward for 18 months after the end of the leave year in which that holiday accrued. This effectively ‘stops the clock’ so that if a worker fails to request for their accrued and untaken holiday within 18 months of the holiday year in which they were off sick, then the holiday will be lost. (Both parties may appeal this decision)."
from that link

[confusedandemployed]

Sister recent case law has stated that a person should not be disadvantaged by losing their leave because of something such as maternity or sick leave.

[confusedandemployed]

Your second post sounds about right...

[confusedandemployed]

Am on phone and posts not comprehensive. Re mat leave, you should have been able to carry over leave since 2010 at least, when the Equality Act came in. Regardless of your mat leave dates.

[RoomForASmallOne]

Thank you everyone.
My company unfortunately are known for being awkward.
I'm due in soon for a 'chat' about my sickness and how long I expect to be absent.
Luckily I'm a union member which gives me some protection.

[MummyBex1985]

Have a look at Stringer v HMRC, it is the leading case on this issue.

The law has shaped slightly since then but most of the principles remain intact.

[RoomForASmallOne]

Thanks again Mummy