Annual Leave/Sick Leave

Ever2010

Hi just looking for some advice. I've been in a part time job since September - my holidays are at 8% of that time worked. Should've equaled 19.2 hours until the end of my contract.

Due to a bad illness I was out for 2 weeks (fully certified), one hospital appt (certified) and two uncertified sick days.

Minus all of those days I should be entitled to 12.8 days holidays - but I'm being informed that as I was sick I can't take them! I know that they can't do this for certified days (found this on the citizen's advice) but can anyone point me in the right direction for the uncertified days? It doesn't say anything in my contract about it but I was told that you are entitled to 2 sick days... but they're saying I've gone over my quota and therefore cannot take any annual leave

Thanks in advance.

Nody

Are you talking about 12.8h rather they days? As there is no way to accrue 12.8 days since Septemer only.

As for uncertified days, there is no legal requirement to pay you for sick days (certified or not). if they were paid and the company does not have in their policy that they will pay up to X days uncertified then you can get your holiday pay and they deduct the icorrect pay for the uncertified accordingly (i.e. net result is the same to you).

Ever2010

Apologies 12.8 hours...

I've never seen any policy... they paid me for the uncertified, and half of the certified (I've no problem with not being paid for sick leave - I wasn't here so it's fair enough).

It's the holidays hours I want to take at the end of the contract rather than the pay. If they're in the right then that's ok but I know they'll try to get away with anything (have only learned this after starting the job!)

tjc28

sorry are you saying that you found on the citizens advice website that you are entitled to holidays for the time you were off sick? I always thought you you can only accrue holidays for time worked

Ever2010

I'm really not explaining myself well this morning! They can't refuse to give me annual leave because I was sick (certified) - I haven't calculated my holiday entitlements on any of the time that I was absent.

tjc28

oh right. If you know how many hours you've worked since you started and your correct in knowing your holiday entitlements it should be easy to work out

Ever2010

Yeah I've done that - I should be entitled to 12.8 hours but they're telling me because I was sick I can't take any!

Nody

Ever2010 wrote: »

Yeah I've done that - I should be entitled to 12.8 hours but they're telling me because I was sick I can't take any!

Well if the issue is just that you want to leave early why not ask for unpaid leave? The net result (i.e. paid for sick leave, not paid for holidays) would be the same.