Holiday entitlement after sick leave

[Conserve]

I have been off work sick from last September and am due to go back to work soon (part time,15hrs wk, and worked there for 4yrs).

Can anyone tell me am I entitled to take all the holiday that is still outstanding - theres roughly 3 weeks?

And also, will next years holiday entitlement be affected by the fact that I have not actually been at work?

Yes and no!

I was off for 5 and a half months in one stint last year, and then another month and got all my leave.

Next years leave will be unaffected.

Hi Mugglewump - I have booked 2weeks off to follow on from after the sick leave ends but I just feel awkward taking more, even though I have been genuinely unable to work. I feel like I havent 'earned' it. I dont think they'll carry it over into the next year.

On carry over, you need to check policies. Our place doesn't allow carry over.

I think you do accrue holidays whilst off sick .(can't see why you wouldn't)

Funny, I was just doing some work on this issue today. There is a new European ruling on this, that has determined that annual leave cannot be availed of during sickness absence or maternity leave. You are therefore entitled to the whole period of leave for period off sick or on maternity leave. The ruling also stated it is unlawful to restrict carry over in these circumstances.

I don't have the case law to hand, but I will see if I can google it.

this article covers it

Thanks very much for that link, BerylStreep. I will have a good look at that.

I am due more holiday to take before 1st April as their policy has been not to carry it over to the next year.

Perhaps I should send them a note of holiday I have already taken, confirm what amount remains, and ask them when would be best to take it. (I think there will be others wanting to use up theirs before 1st April. I dont mind when as I have no plans to go anywhere. Would rather have the money but I dont think thats an option? Its either take it or lose it.