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Holiday entitlement whilst off sick
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shiningstar2013 · 18/01/2020 07:36

Hi I’m due to have an operation in 2 weeks time and expect to be off work for 8 weeks after.
I have not used all my holiday entitlement yet I still have 2 and a half weeks left to take ( I have already had 4 weeks) which I did have booked for March but will now be on sick leave.
I’m due back in work around the 20/3 but won’t be able to use holiday then as someone else is off and we can only have one person off at a time.
Does my employer have to let me carry this entitlement over to next years holiday or do I lose it?

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GiveHerHellFromUs · 18/01/2020 07:45

It depends on the employer but in most cases you'll lose it.

Speak to them. Ask if you can have the next two weeks (until the op) off. If they say no, ask if you can be paid for it or carry it off.

They may say no but worth asking.

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shiningstar2013 · 18/01/2020 07:53

I thought I might lose it, it just seems unfair because if I had the op in December I would still be entitled to my holiday.

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sarahj86 · 18/01/2020 08:46

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.

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Frariedeamin · 18/01/2020 08:49

You are legally entitled to carry forward 4 weeks for 18 months. This was settled in the European Court a few years back. Check ACAS website or phone their helpline, they are really useful!

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Kim82 · 18/01/2020 08:49

I had a very similar situation last year, I had a week’s annual leave booked in March but then found out my op was the week before so I was on sick leave instead. I wasn’t able to carry it over so they paid me for the annual leave I wasn’t able to take.

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Frariedeamin · 18/01/2020 08:49

Cross post with @sarahj86 !

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Isleepinahedgefund · 18/01/2020 09:06

You shouldn't lose it and you continue to accrue it while on sick leave.

When I was off sick for an extended period my employer let me roll my accrued/left over leave into the next leave year as I returned at the end of my leave year (it was about 12 days I think).

However another poster above said her employer chose to pay her for it rather than roll it over. That seems to contradict the Acas advice posted above, so maybe someone with more HR/employment law knowledge can clarify that position?

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scotlandtobali · 18/01/2020 09:11

If you ask your hr you may have a buy/sell annual leave days up to a limit- ours is 5. We can buy up to 5 extra days or sell 5 days for your salary/52. You could sell some of your days you won't be able to use?

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shiningstar2013 · 18/01/2020 13:38

Ive tried searching online but it sounds like you can carry over the statutory sick pay of 4 weeks which I have already taken or does this just apply to people who are on long term sick?

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Babyroobs · 18/01/2020 18:11

My workplace would cancel it to be taken at another time and you would also accrue more sick time after being off long term sick. I've known people be off for a year and have weeks of sick leave to take.

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Oxo01 · 30/01/2020 21:47

Can carry over

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