On Long Term Sick Leave Am I entitled to Holiday Pay

[laineynic]

In 2010 I had a hysterectomy due to cancerous cells in my ovaries. Following the operation I was very ill and didn't cope well with the immediate Menopause. It was also discovered at the time that a heart murmur I had, had for years was more serious than I was aware of. So serious I needed to have the Aortic Valve replacing. I was also diagnosed with early stages of COPD in the right lung.

 

I worked full time and had held my position for 6 years. Just before I was diagnosed with Early stages of Ovarian Cancer my employers wife had come back from her maternity leave. On her return she made it very clear she wanted me out of the office. I was demoted but my pay stayed the same. When my boss was around she was the perfect office buddy. When he wasn't she would make back handed comments and accused me of being an emotional wreck. I felt bullied and humiliated at a time when things were just not good for me.

 

I developed complications during 2011-2013 and my heart operation was delayed. Then in January 2013 I had a series of small heart attacks and I was rushed into hospital for heart surgery. My employer was on my back all the time asking me when I was returning. Which I understand as a small employer he needed to know. But I was just to ill for working. I was also a little scared to go back because of the way my bosses wife had treated me.

 

Last week a lady who I used to work with contacted me as she needed to talk to me about how my boss and his wife had treated her. She has breast cancer and has just gone through chemo and breast reconstruction. She told me that they didn't beleive she was so ill she couldn't work. In distress she had sought advice from ACAS. They had informed her that whilst she was of from work that she should have been paid holiday pay as well as her SSP. We wondered if anyone can clarify this for us? We are both still employed by the company despite the time we have been of. They do keep asking me when I shall be returning I was recently told by the consultant I wasn't fir enough medically to return to work. I have been of work since October 2011 and my colleague has been of since October 2013.Have we got a claim ?

TIA

[honeybee13]

Hello there.

 

While you wait for the guys to arrive, have a read of the forum stikky on this.

 

HB

[ericsbrother]

the short answer is yes but the wording of the law is unclear so there is room for argument ther other way if it is considered that you are not actually employed but retained or employment is suspended. As you havent been paid by the company they can claim that they are not actually employing you but keeping a position open in case you are fit enough to return.

This is not a satisfactory position for either party, they really should have asked the opinion of an OH doctor about your prognosis and liklihood of returning to work in a given time frame and then make a decisison

[Emmzzi]

No P45? I'd say still employed.

[ericsbrother]

depends if they issued a P60 end of last tax year. They may claim otherwise but I would agree that they seem to have been very understanding of the Op thus far but may just not have an idea of how to progress the matter so leaving it all in limbo.

[laineynic]

I had a P60 last year and I haven't had a P45. Things between me and them is so strained and they aren't exactly being very nice to me so I just don't know what to do. They'll think I am doing it to be a bitch, maybe someways I am but because my friend just got hers why have they left me out?

[Blue_Hedghog]

Whilst you are off on sick leave you are still entitled to accrue your full holiday entitlement (i.e. if your holiday entitlement is 28 annual and you have not taken any holidays, you are still entitled to the 28 days) However you cannot take your annual leave whilst off on sick leave unless your employer agrees to this in advance, otherwise you must wait until you return to work and then take your annual leave. Unless you are dismissed on capability whilst off on sick leave in which you will be paid for your annual leave as part of your dismissal settlement.

 

I was off work on long term sick leave for two and a half years and had all these holidays to take on my return.

 

w w w . acas.org.uk/index.aspx?articleid=3860