Holiday credit not accrued on sick leave

[gbripon]

I have just returned to work after six months sick leave. My employers only pay SSP. My contract is for paid bank holidays plus 25 days annual leave. Holiday credits accrue at the rate of 0.52 days for each full week worked, absenteeism other than industrial injury results in non-accrual of holiday credit.

 

My employer closed down at Easter and Christmas (although workers can still go in if they haven't enough holiday to cover these periods). My employer automatically paid my holiday pay for Easter and Christmas while I was signed off sick.

 

I have now been told that I have lost some of my holiday entitlement because I have been off sick. I have applied to take a week's leave and have been told as I have already been paid for Easter and Christmas this will be unpaid.

 

Can they do this? I thought that all types of sickness accrued holiday entitlements. Also can they automatically pay holiday pay as well as SSP even though I couldn't take holiday at that time?

 

Thanks

[leedspete]

This is from the CAB website

 

You are sick while on holiday

 

If you are off work on holiday, and you become ill enough that you could be off work, you can take this time as sick leave rather than holiday.

You can still take your holiday, but you can take it at a different time to when you originally planned to take it. You can carry the holiday you haven't taken over into the next leave year if you are not able to take it this leave year because you are ill.

However, if you want to treat your time of work as sick leave instead of holiday, your employer can pay you sick pay rather than holiday pay for that time. Sick pay will be less than normal pay.

Your employment contract should say how and when you should let your employer know you are sick, and what proof they might need.

If you are sick when you are meant to be on holiday you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

[Sidewinder]

Holiday does indeed continue to accrue whilst you are off sick. Did they notify you that they were paying you holiday pay at Easter and Christmas?