Sick leave and accrued holidays

jjjrd

I am So hoping someone can help me.

Ok so I quit job aug 2017.

Need to find out how to calculate my cessation pay to ensure what I got was correct.

Was sick sept 2015 - jan 2016
Maternity leave jan 2016 - july 2016
Sick again july 2016 to quit date sept 1st 2017.

I am wondering how would my ex job calculate what they owed me????

Ashbx

Just to be clear, you haven't physically been present in the workplace since September 2015?

jjjrd

No i havent been physically present. i had an accident i was still employed by them though as I was hoping to go back.

davo2001

jjjrd wrote: »

i had an accident

Hense the maternity leave? :pac:

jjjrd

Actually a serious accident

CeilingFly

It should be all detailed in your contract.

Most companies don't pay for sick leave, so nothing accrues during sickness.

Maternity leave again is unpaid, but you do accrue your hoidays & bank holiday.

so 4 days bank holidays for Jan to July (assuming started leave after Jan 1st) + 10 days holidays.

So under statutory requirements the total due is 14 days pay.

Your own contract may stipulate better terms.

Sunny Dayz

Since 2015 you can accrue annual leave when you are out on sick leave, previously you didn't unless it was in your contract.
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/sick_leave.html

jjjrd

Law changed in aug 2015 for accruing holidays over sick period

jjjrd

I just the explanation of it quite confusing the way its worded.

jjjrd

I ve been trying for weeks to get someone who might calculate wages and know exactly how it works is simple terms.

Sunny Dayz

You haven't said what your annual leave entitlement is - so I will assume that you were full time and getting standard annual leave of 20 days per annum.


2015 - 7 days
2016 - 20 days
2017 - 13 days


Bank holiday
2015 - 3 (Oct, Xmas Day, St. Stephen's Day)
2016 - 5 (I think, New Years, St. Patricks, Easter Mon, May BH, June BH)
2017 - 0

jjjrd

Thanks sunny dayz. I had worked out roughly myself I thought I d get 4 weeks hols and 5 bank hol days as i was maternity for 2016. I only got 3 weeks for 2016. And they gave me 2.5 weeks for 2017. And nothing for 2015. When I queried it I was told Inwas wring and they were right. They would not even given me a break down in writing. I ll try query it again.

Thanks for the reply sunny. Much appreciated.

irelandrover

jjjrd wrote: »

Thanks sunny dayz. I had worked out roughly myself I thought I d get 4 weeks hols and 5 bank hol days as i was maternity for 2016. I only got 3 weeks for 2016. And they gave me 2.5 weeks for 2017. And nothing for 2015. When I queried it I was told Inwas wring and they were right. They would not even given me a break down in writing. I ll try query it again.

Thanks for the reply sunny. Much appreciated.

Isn't the leave accrued only valid for 15 months after the end of the year it was accrued. So the leave accrued in 2015 is now expired.

Since 1 August 2015, you accumulate statutory annual leave entitlement during a period of certified sick leave. Employees on long-term sick leave can retain annual leave they could not take due to illness for up to 15 months after the end of the year in which it is accrued. Workers who leave their employment within 15 months of the end of the year in which this annual leave was accrued, are entitled to payment in lieu of this leave which was untaken due to illness.

jjjrd

Ireland rover. Ye i get what you are saying. But for half of 2016 i was on maternity which was protected leave. I then was sick. How could I get more accrued time for 2017 than 2016 when i was on maternity from jan to july. Then sick from july 16 to aug 17.
I calculated the following:
Jan 16 to july 16 .... 2 weeks hols and 5 days bank hols.
July 16 to aug 17 ..... 4 weeks.

irelandrover

jjjrd wrote: »

Ireland rover. Ye i get what you are saying. But for half of 2016 i was on maternity which was protected leave. I then was sick. How could I get more accrued time for 2017 than 2016 when i was on maternity from jan to july. Then sick from july 16 to aug 17.
I calculated the following:
Jan 16 to july 16 .... 2 weeks hols and 5 days bank hols.
July 16 to aug 17 ..... 4 weeks.

I meant to quote Sunny Dayz post. I wasnt commenting on the 2016 or 2017.

jjjrd

This is such a complicated thing and how its worded in the new law. And because I had maternity in middle of it all. I ve tried to get advice other places and google it etc and because my ex job will not show me in
Writing how it is broke down I do not know shere I stand.

jjjrd

Ireland rover I thought the same that 2015 would not be allowed in calculation. But I do want to try find out about other weeks as I worked for this company many many years and I think only fair it should be calculated correctly

JaCrispy

jjjrd wrote: »

I am So hoping someone can help me.

Ok so I quit job aug 2017.

Need to find out how to calculate my cessation pay to ensure what I got was correct.

Was sick sept 2015 - jan 2016
Maternity leave jan 2016 - july 2016
Sick again july 2016 to quit date sept 1st 2017.

I am wondering how would my ex job calculate what they owed me????

Did you even work 1 day in 2 years?

jjjrd

Nope

JaCrispy

jjjrd wrote: »

Nope

I hope you get everything that you deserve.

jjjrd

Just wondering is that you being sarcastic?

Would it be worth your while engaging a solicitor with a specialisation in employment law?
Your situation is not very common.

How much do you feel you are missing?

jjjrd

I feel I am missing just over two weeks. I have contacted my union I was in. They couldnt tell me too much. They think I am missing time too. Again it is how the law is worded is confising. I have searched web for answers. Even requested break down in writing from ex employer. Thibk final think is to request my full file and see if that tells me how I was paid. Going around in circles. Its just annoying mow because worked in this company from 16 yrs of age. Never been out up until now. You wod think they would sit down and go through it with me.

CeilingFly

So you don't work in two years, company kept job open amd pay your statutory requirements and would have taken you back if you wish and only thing on your mind is "have they screwed me"

I think they've been very good to you.

Their calculations are quite correct too.

jjjrd

Em ceilingfly you are well and truly entitled to that opinion. But next time you decide to say something really think about it. find out really what that had gone on. And if you knew full story I do not think you would think I was treated fairly.and a tually think
About what caused me to go sick
From a job i loved for many many years. You should
think about whether I am one of these people who doesnt want to work or someone who was forced into cicumstances beyond their control. Again you dont know full story so assume all you like.


I only came on here to seak
Black and white advice about a pay issue.

Not on whether i m being mean or my job is being fair etc. Black and white advice. I am old enough now to understand that some stories aint as they seem.
But thanks for tour in put. Much appreciated.

jjjrd

Not being disrespectful. I get how people see my situation. How dare this person try claim When she hasnt worked in two years. That is so fair enough it honestly is.

jjjrd

Also they kept job open becUse its the law.

davo10

jjjrd wrote: »

Also they kept job open becUse its the law.

Actually that may not be true. In some circumstances, where an employee has consistently been absent from work (or if through illness is no longer capable of continuing work), employment may be terminated.

It is not wrong, nor should you be criticised for seeking what you are entitled to by law.