to think my holiday should be carried over

[imforeverblowingbubbles]

Im due to have an op on Tuesday and won't be back in work till April (new financial year). I had 2 weeks holiday booked off end of Feb which my manager has told me I will lose now as I have already had all my statutory holiday this is just extra days I have earned through long service.
My colleague had a holiday booked in October but was off ill and was allowed to reschedule his for another time before the end of the financial year. His was also above statutory holiday.

AIBU to think my holiday should be carried over to the next financial year?

They can't carry it over, but they could maybe pay you for the 2 weeks instead, you should ask if this is possible.

Is there anything in your contract regarding holiday for long service? If it's contractual I would expect it to be carried over or paid at the end of the year. If non-contractual then I guess they would not be legally obligated to carry over or pay it.

Our policy is that only the difference between what you've taken and the statutory minimum can be carried over.

I can understand them not allowing you to carry it over, for budgetary reasons, but you should be treated in the same way as your colleagues so on that basis I think you should be paid for your leave. Assuming that this is part of your leave allowance, as laid out in your contract? If it's just a goodwill thing you're probably out of luck though. Also, I'm assuming your leave year runs in line with your financial year from the way you are describing the scenario?

It's contractual.

All I can find in the contract is that if anyone is on long term sick up to 4 weeks can be carried over but I'm guessing they mean 4 weeks statutory

Will you get paid when off sick? If not then could you ask for payment in lieu of holiday for those two weeks?

At my work they would probably let us carry over in this situation but would be at their discretion.

Had you also booked a holiday away and now need to cancel? Just an idea but thinking would your travel insurance cover anything for the lost paid holiday?

If you are going to be on SSP I would suggest that you take the unused holiday for the first weeks you are off so that you get full pay and use up any paid sick pay. That will use up your hols and maximize your earnings whilst off

I will be getting CSP

Not booked a holiday away so that's not an issue, I just thought if I could carry 2 weeks over it would be useful for when I return to work to maybe take 1 or 2 days holiday for the first few weeks that im back just so I can not go back to work full time straight away.

I don't know about your holiday but I think you can get an amended hours/duties sicknote when you go back so that you work less but get paid the same. I would check with acas if this is still possible. I did it about 3years ago.

We can carry a week over and then sell another week back to the company. After that you lose it.

What does your policy say?

Yes, negotiate a phased return when you go back, rather than using holidays.

This is from the acas website -

Long-term sick leave

If someone has not been able to use their holiday because they’ve been on long-term sick leave, they can carry it over.

Employees on long-term sick leave can carry over 4 weeks’ unused holiday, unless the employer allows more to be carried over. This holiday must be used within 18 months from the date it’s carried over.

So according to this you should be able to carry it over.