How will long term sick affect holiday entitlement?

[Narketta]

Hi I'm asking this question on behalf of DH.

DH normally gets £40 per day when on holiday leave, unfortunately he was on sick leave for 5 weeks recently as he had pleurisy.

On returning to work his employer said that his remaining holiday days had to be used before the end of sept and that she would give him one or two days off a week so that they would be used up before the holiday deadline this suited DH because he was still not 100% healthy so would break him back in gradually.
However he has just received his wage slips and has only been paid £18 per day for his holiday days

I assumed that if you were sick the amount of holiday days you are entitled to would be reduced not the amount that you are paid.

Can anyone put us right on this before he calls his employer to discuss it.

Thanks.

[LoveBeingAMummy]

It didn't effect hiolidays at all where I used to work.

[Narketta]

Thanks LoveBeingAMummy

Have tried the CAB but they are constantly engaged. We really need to get this sorted, money was tight enough with him being on the sick and this hasn't helped.

If he had known that he would only get £18 a day he wouldn't have bothered taking the holidays.

[Narketta]

Can anyone else advise?

[ClaraDeLaNoche]

Under the Working Time Regs you are entitled to 28 days holiday pay including bank hols. If you are sick and can't take them, then you should be paid for these. If you're employer won't, they are in breach of contract. See this www.adviceguide.org.uk/index/life/employment/holidays_and_holiday_pay.htm#what_happens_to_your_holid ayifyouareoff_sick

[Narketta]

Thankyou ClaraDeLaNoche

[ClaraDeLaNoche]

No probs. Go get 'em.

[flowerybeanbag]

There has been recent legislation about accruing holiday during long term sickness, but as I understand it his employers are not denying him his holiday entitlement in any way, just not paying him in full for the days he is on holiday, is that right? So accruing holiday during sicknes isn't the issue.

When on holiday you should be paid the same as you would for the same amount of time at work. So if he normally gets £40 a day for being at work, he should get the same when taking a day's holiday.

He is not off sick now, as I understand it, so sickness isn't relevant to anything. He is back at work, presumably earning £40 a day, and has taken a few days holiday recently for which he has not been paid properly.

[Narketta]

Hi flowerybeanbag

Yes DH is now back at work and he earns around £40 a day.
When he's had holidays in the past he has been paid £40 per day but since returning to work after being off sick his boss suggested giving him 1 or 2 holiday days a week to use them up before the end of sept but these days have only been paid at £18 per day.

I can see her being difficult and using every excuse in the book not to pay him what he's owed.

[watfordmummy]

But they have calculated his holiday pay on average earning, therefore his rate would be less if he wasn't paid while being off sick. It depend how his contract says his holiday pay is calcluated

[flowerybeanbag]

Regardless of any average earning calculations, his hourly rate is presumably his hourly rate, and remains the same. So taking 8 (or however many) hours off on holiday should be paid as 8 x his hourly rate.

You couldn't reduce someone's hourly rate they are paid when on holiday because they happened to have been off sick the previous month, that would be ridiculous, and also leave the employer vulnerable to discrimination claims by disabled employees having to take time off sick for their disability, for example.