NHS staff AL & BH entitlement whilst off sick

[Pippin2023]

Hi,

I have been on long term sick since beginning of Jan 2025. I am now returning to work.

HR have advised that I am only entitled to 20 days AL for the year 25/26 the used a term like contractual hours or something which means I don’t get all the leave as I was off sick.
But I believe the AL days should be higher than this for the full financial year of April 25 to March 26. Do you accrue AL as normal whilst off long term sick? I had 6 months full pay and 6 months half pay and part of Jan was unpaid.
I am also told I am not entitled to any of the bak holidays back whilst off sick is this correct?
Whilst off on maternity I accrued all leave and BH just wondering is it different for whilst off sick?
any advice from HR NHS staff or NHS managers please?
I should add I have 8 years service.
Thanks.

Are you sure they didn’t pay you your Annual Leave while you were off sick? In our trust, there is an option to add it in at the point where you go down to half pay or no pay so that you get paid a bit longer.

I’m sure they never paid it. I got a latter saying you’re dropping to half pay then got manger saying your pay is now zero.

Hi sorry to hear you have been off, I’m also nhs you should get your annual leave back but not the bank hols.

edited to add Jan 25- march 31st 25 annual leave would either have already been used or rolled into this financial year.

I think you should accrue annual leave whilst being sick, but not bank holidays.

Had you already booked time- off which coincided with when you were ill? If so, they probably counted these days towards your annual leave quota, especially if you didn’t ask to claim them back.

Check your sickness policy but you should definitely get your a/l back - don't think you get your PHs back. What exactly did they say about your a/l?

My AL from Jan 25-end of March 25 they have calculated separate as that was all added together with leave accrued whilst on maternity leave so I’m ok with that amount.
it’s just for April 25-March 26 they’re saying you’re entitlement is only 20 days for full financial year not 29 and they said as you only a accrue AL whilst on contractual sick leave. I’ve no idea what this means. I’ve contacted union about it.
I had no AL booked at all as was in maternity then sick so not had any leave booked since October 2023.

It looks like they’re only letting you accrue stat minimum annual leave rather than a more generous employer allowance.

Agree, unless it states otherwise in AL policy it will be legal.

No its separate. Maternity you get it as you would normally have had it had you not been on maternity. But when off sick, if youre off sick for a bank holiday you lose that day that you would have had.

So now my annual leave shows as bank holiday then annual leave so if youre off sick over a bank holiday you wouldnt get it as holiday

@Pippin2023 The working time regulations grant two types of statutory leave
Reg 13 is 4 weeks I.e. 20 days and is the statutory leave under the EU WT Directive which the ECJ ruled on in stronger vs HMRC.
Reg 13a is 1.6 weeks or 8 days statutory leave and is granted by UK legislation. This wasn’t considered by the ECJ.

Note: BH are not an entitlement under the WTR they are days your employer nominates as days you take as prescribed I.e. on a BH.

I would check with your TU and your staff handbook.

I’m NHS Scotland. Staff can only carry over the statutory annual leave entitlement, which is 4 weeks I think. Any extra given by nhs is lost. Public holiday hours are not given if you are off sick, you lose them.

28 days is the statutory in NHSS https://www.publications.scot.nhs.uk/files/dl-2024-07.pdf

had no AL booked at all as was in maternity then sick so not had any leave booked since October 2023.
so have you not actually been at work since oct 2023?
have you not had any back to work meetings to discuss this and a phased return?

Oh I missed that - surely that's a typo?

I think it reverts to the legal amount of annual leave rather than the occupational allocation. So 20 days sounds right. That is an awfully long time to be off work - hopefully
you have been in contact with occupational health via a management referral for support?

You’re only entitled to carry over your statutory leave entitlement and not any contractual days over and above that. You lose your bank holidays when off sick. Maternity leave is different, you accrue and carry all leave for your maternity period.

I'm really surprised employers dont direct staff to take AL due when it suits them in these circumstances, particularly to use towards a phased return.

@SirChenjins That is really clear. @Pippin2023 I would send the link to your HR pointing out the relevant paragraph.

It may differ in other parts of the UK though - the OP should definitely have a look at their sickness absence policy

In Wales BHs get paid (so one less day of sickness entitlement is used in a week with a BH) and you can only carry over statutory leave which hasn’t been taken if it spans annual leave years.