Sickness and Holiday entitlement

[Bushman]

Am I right in saying that if a part time employee that works Mon-Wed is of sick on the Monday they still accrue holiday entitlement for the Monday even though they are not entitled to sick pay.

And if they then ask if they can work the Thursday in order to make their wages up to the normal amount for the week they would then accrue holiday entitlement for the Thursday as well.

 

[Newchodge]

Yes
No

You don't, currently accrue holiday entitlement when doing overtime. What happens is that when holiday is taken the rate of pay is calculated by the average pay over the previous 12 weeks. As they received no pay for the Monday the average pay is unaffected.

 

[Bushman]

Thanks Cyndy. I have always calculated holiday entitlement on hours worked as they often do extra hours at busy times. So that is wrong is it?

Also if the employee is off to look after a sick child rather than being sick themselves do they still accrue holiday entitlement?

 

[Newchodge]

The statutory minimum holiday entitlement is 5.6 weeks per year, based on contracted hours. Time spent on sick leave and on annual leave counts towards holiday entitlement. The week's pay is calculated at the average week's pay for the previous 12 weeks. So if someone is contracted to work 3 days @ 7 hours @ £10 per hour, their normal weekly pay is £210. If they work an additional 7 hours every other week and earn £280, their average weekly pay is £245 and that should be used for their week's holiday pay.

If you want to calculate it differently that is up to you, as long as your staff get at least the minimum.

A parent is not necessarily entitled to time off to care for a sick child, only to emergency time off to make arrangements, take the child to a doctor, arrange alternative care etc. This time can be paid or unpaid. So if you choose to allow your staff paid time off to care for a sick child, without requiring that they take annual leave, it is also up to you whether that time accrues holiday.

 

[Bushman]

Thanks Cyndy

 

[ISL Recruitment]

As far as we understand it holiday pay is only accruied for actual hours worked - unless a different stipulation is laid out in contract form.

 

[Connexions]

They are sick on Mondays but not a Thursday? or they have recovered from being sick?

 

[STDFR33]

They are sick on Mondays but not a Thursday? or they have recovered from being sick?

A Monday hangover only typically lasts a few hours at most.

A fried breakfast usually helps with the recovery.

 

[Bushman]

Mondays and Fridays are the most popular days for phoning in sick, although in this particular case I am pretty sure it was genuine.

 

[Newchodge]

As far as we understand it holiday pay is only accruied for actual hours worked - unless a different stipulation is laid out in contract form.

you continue to accrue annual leave during sickness absence. So if someone has been sick for their entire annual leave year they go back to work with 2 years' holiday entitlement.

 

[Bushman]

The statutory minimum holiday entitlement is 5.6 weeks per year, based on contracted hours. Time spent on sick leave and on annual leave counts towards holiday entitlement. The week's pay is calculated at the average week's pay for the previous 12 weeks. So if someone is contracted to work 3 days @ 7 hours @ £10 per hour, their normal weekly pay is £210. If they work an additional 7 hours every other week and earn £280, their average weekly pay is £245 and that should be used for their week's holiday pay.

Sorry to bring this up again, but how does it work if there's been a wage rise within the previous 12 weeks, for example, if an employee has a wage rise at the begining of April and goes on holiday 2 weeks later should we use the last 2 weeks at the new wage and the previous 10 weeks at the old rate to calculate the average, if so this could result in less holiday pay that the new hourly rate, unless i'm missing something obvious.

 

[Newchodge]

Sorry to bring this up again, but how does it work if there's been a wage rise within the previous 12 weeks, for example, if an employee has a wage rise at the begining of April and goes on holiday 2 weeks later should we use the last 2 weeks at the new wage and the previous 10 weeks at the old rate to calculate the average, if so this could result in less holiday pay that the new hourly rate, unless i'm missing something obvious.

Sorry. The minimum rate is the contractual rate. So if the wage goes up and the employee then goes on holiday they get at least the new rate. if the 12 week average is more, then they get the higher rate.

They never get less than their current wage rate.

 

[Bushman]

So in the above example I would need to go back and calculate what the wage would have been for the 10 weeks at the new rate in order to calculate the holiday pay? Seems like a lot of work surely there's an easier way?

 

[Employment Law Clinic]

Sorry to bring this up again, but how does it work if there's been a wage rise within the previous 12 weeks, for example, if an employee has a wage rise at the begining of April and goes on holiday 2 weeks later should we use the last 2 weeks at the new wage and the previous 10 weeks at the old rate to calculate the average, if so this could result in less holiday pay that the new hourly rate, unless i'm missing something obvious.

You use the average of the previous 12 weeks, so 10 weeks at the old rate, and 2 weeks at the new rate are used to calculate the average, if I've understood your post correctly.


A simple average of the last 12 weeks.


Karl Limpert