holiday...while off long term sick

[brian4439]

hi,can anyone help me?i've been off sick due to a knee injury since oct 05,and on several occassions i asked my employer how much holiday i had remaining ,to this i got no response.
now it is a new holiday year for us(started 1/4/06)and my sick pay has finished and i have to claim incapacity benefit.what i need to know is am i entitled to last years holiday pay and do i qualify for this years as according to my employer i still work for them.
thanks
brian

[alanfromderby]

My understanding is that as you worked part of the holiday year, then you are entitled to holiday for that year.

However, if your Contract of Employment does not allow for holiday being carried over to the next year, or payment for holiday accrued and not taken, you may not be entitled.

It really depends on your contract.

[BotB]

what i need to know is am i entitled to last years holiday pay and do i qualify for this years as according to my employer i still work for them.

I think alan answered the first part of your question.

With regard to the second part, this year's holiday entitlement, the answer to that at the moment is no.
A recent Court of Appeal case changed the law. Now, if you are off on long term sick, you cannot accrue entitlement to holiday pay at the same time as being off sick. I believe the decision is going to be appealed to the House of Lords but may be a good while before the outcome is known.

[brian4439]

thanks for the imput guess i'll have to wait and see
brian

[alanfromderby]

Sorry, didn't see the second part - my understanding is that the holiday for this year would accrue - but that you can only use/get the benefit of it, if you go back to work before the end of the holiday year.

This can lead to the bizarre situation, where you go back to work after 10 months of a holiday year - and have to fit in 5 weeks of holiday!!