Annual Leave After Sickness

[GaryW7]

Hello,

I hope someone can assist.

I have been in full time employment with the same employer for around 7 years. Unfortunately, I became ill in December 2018 and was off work (sick) until 31 March.

At the time I became ill I had 10 accrued, untaken, holiday days remaining. My employer’s leave year ends on 31 January. I understand this accrued holiday is carried over to the next leave year as I was unable to take it due to illness.

I returned to work on 1 April, under a statement of fitness for work issued by my GP requesting reduced hours (half days) for the foreseeable. My employer is trying to force me to take the half of each day that I do not work as holiday to utilise my brought forward entitlement - is he legally allowed to do that?

Many thanks

Gary

 

[Newchodge]

No. But your employer does not have to pay full pay if you are working half days. It should be your choice.

 

[GaryW7]

No. But your employer does not have to pay full pay if you are working half days. It should be your choice.

Thank you Cyndy - much appreciated. I certainly only expected to be paid for my ‘actual’ hours worked while I’m working reduced hours. As long as I cannot be forced to take holiday, I’m happy!

Thanks again.

 

[obscure]

Also your employer would be saving money on Holiday pay as that is calculated as 5.6 x your normal working week (over the previous 12 weeks). So if you are only working half days they only pay holiday pay equal to that half day.