Taking holiday when on long term sick leave

[BananaWaving]

From what I have seen online, apparently annual leave still accrues even when on sick leave.

It seems a bit cheeky, but has anyone taken annual leave when they are on long term sick leave so that they get full pay for that time instead of the reduced sick pay amount?

Also, has anyone who works in HR come across this being done?

Thanks.

My company doesn’t offer ill health retirement, that is why they have the PHI policy to state retirement age instead

Why would she though?

How long have you been under this contract. I would assume those that have been off sick 20 years will be on very different contracts.

Don't forget that the companies who offer these kind of benefits tend to be large multinationals, who have a lot more wriggle room, when it comes to staffing than an MSE would have. In the case of my employer, I was transferred to their disability plan (aka the inactive list) when I'd been off sick for about two or three years.

This meant I wasn't included in any kind of resource planning. I had also been told that, after transferring to the Disability Plan, there was no guarantee they would have a job for me, if a miracle had occurred and I'd been able to return to work.

In my case, because of the size of the company, they self insured, so my sick pay will have been coming out of the company's profits. In most cases, the costs of keeping the employee on the books will be covered, either in whole or in part, by an insurance company.

I hope you're not too attached to your right arm...

I believe that this is still the current situation. It's not that long since I was pensioned off and I'm pretty sure I'd have heard, if they'd made any drastic changes before then.

My employers income protection policy covers up to state retirement age so I don’t think they can dismiss me for being unfit for work.Not sure though.

They can and they will but the income protect is claimed now so should pay out.

Eh?

Thanks @Ilovemyshed
Do you claim accrued holiday pay as well?

Take a look at your house insurance and see if it covers employment law, you could access advice via that.

For those who think this is some sort of outrageous scam, look at it this way.

Im a pilot and when I was at the top of my career, as high ranking as I could be, I lost the sight in one eye. So my company covers 2/3 of my income until I retire because I cannot do the job I was employed to do. And they can’t find anything approaching this level of remuneration.

Incould resign and retrain but as what? Certainly nothing like anything I did before or with the £.

I have one eye so I can get about and live a life etc but piloting is off the cards, and unless I grow a new eye, it’s likely to stay that way.

The insurer has tried all sorts of tricks to attempt to show that I’m capable of doing the job I was paid (and insured) to do but in reality a one eyed pilot isn’t going to fly anymore.

That’s an example which I hope illustrates what this type of insurance is for. And yes, they did recruit another pilot.

(I’m not actually a pilot but there are parallels for the purpose of illustration.)

@Ilovemyshed

SgtJuneAckland · Today 08:15

I encourage Abby if by staff to do this especially once their pay drops
Eh?

Typos
I encourage any of my staff to do this especially once their pay drops.
So if someone is on LTS they will have a defined period at full and then half pay, they will still accrue annual leave. I encourage them to take this to boost their income when it drops to either half pay or nil pay depending on their circumstances. It gives them a few weeks back at full pay.

Good analogy @AutoOffswitch
Fortunately “own job” policies are easier to satisfy the terms of than ESA

Thanks @SgtJuneAckland , that’s really helpful

All those people thinking it sounds like a jolly wheeze, I will happily swap my Parkinson’s, inability to care for my family, constant pain and exhaustion, and shortened life, with 60% salary for working one or two days a week, for being my old self, super active, loving my work, on a massive upward trajectory career wise, and on 100% salary! Oh, and if I’d been able to work FT since I got ill, my salary (with bonuses) would have gone up at least 20k, the % I get is based on what I earned when diagnosed.

Exactly, it is really unkind to suggest it is a jolly. I’ve fought to keep going at work for a long time, it isn’t a decision that is taken lightly to admit defeat. Plus I don’t relish the intrusion of the insurance company regularly reviewing me to make sure I am “still ill enough”

Of course it isn't a jolly.

Lots of people do take the piss with regard to sickness absence, but I can't imagine any private insurance company being willing to pay out indefinitely without some pretty robust scrutiny of the medical evidence.

Most people would choose their health over a small amount of financial compensation any day.

Since holiday pay is calculated on average earnings, I wouldn’t have thought it would make any difference once you’re on the PHI track

It makes a difference because it’s calculated on usual basic salary and accrues at an additional 30 days which are paid in a lump at the end of year.

Not accurate at all. You can be medically retired if you are not fit to do your job. I know because my colleague is going through this at the moment. The insurance is paying 50% wages but company is accruing for holiday leave, they are still making the pension contributions for the employee not to mention employers tax and NI.

Oh that makes sense. DH did get over 60% as his pension, long time ago. He's been getting his pension for 30 years which is longer than he worked there. He's in a lot of pain, getting worse as the years ago by as all the aches and pains of old age are on top of the original problem. It is sad.

The policy will cover your employers until state pension age for anyone who is very very close to state pension age who suddenly gets ill. These plans are in place for 65 year olds who are too ill to see out their last few years. Not to keep paying someone to be "on the sick" for years and years.

You will be medically retired or whatever the equivalent phrase is in your company.

Your annual leave will accrue while you are sick and you will be paid it when you are fired.

Nonsense. Read some of the other posts

This thread is going round and round in circles. It’s clearly very complicated and personal to the specific terms of your contract.

You can no more say it’s ‘nonsense’ that people say you won’t get it than you can say ‘absolutely’ when people say you will.

Seek the professional advice you need and come back and let us know. I hope it works out for you xx

I am waiting for the solicitor to get back to me.
That post was nonsense and really not helpful to be declaring things as if they are fact.

I’m glad you’ve contacted someone. Posts that don’t say what you want them to say aren’t necessarily wrong though, are they?

Literally none of us can categorically say what the terms are in your specific case.