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Statutory Sick Pay vs Holiday Entitlement


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Hello to all :)

 

I am currently recovering from having my appendix removed and I'm looking to start back work asap! I am due to start back to work on Saturday which will be 7 days off in total.

 

I would like some clarification about my right to use their statutory holiday entitlement during my sickness period.

 

My employers have stated, "On the issue of your sick pay we are unfortunately unable to allocate holiday to the time you have been absent as we have a legal obligation to use SSP. It is also our company policy not to authorise the use of holiday for absence due to sickness in most circumstances."

 

However, http://www.Gov.uk advices the following ot it's website, "Employees only need a fit note from a doctor after 7 days off work sick and have the right to use their statutory holiday entitlement during their sickness."

 

Can anybody enlighten me as to my rights as an employee?

 

Thanks in advance

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Exactly as the government website advises.

 

Small companies with less experience often get this wrong - I'd show them the website and ask for clarification.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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There is no legal obligation whatsoever to use SSP, and I would have thought it would be in the employer's interest to allow this time off as holiday - that will be one less week during the year that your role needs to be covered for one thing!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thank you all for you advice!

 

I have responded to my employer considering your advice as follows,

 

Thank you for your reply. I am really pleased to hear that you are looking forward to seeing me and mutually I look forward to returning to work on Saturday 18th January. I would, however, need to request further written clarification regarding a couple of points you mentioned in your reply as it could be potentially beneficial for all parties concerned.

 

Firstly, as I touched upon in my previous correspondence, a 'fit note' from my GP is not required by yourselves for the short period of sickness I have taken and therefore you are not in breach of any health & safety legislation. However, I have completed a 'Employee's Statement of Sickness' document for your records in which to issue Statutory Sick Payments (SSP).

 

For your consideration, http://www.gov.uk/taking-sick-leave (a government advice website) advices the following,

 

"Employees only need a fit note from a doctor after 7 days off work sick and have the right to use their statutory holiday entitlement during their sickness."

 

Furthermore, it may be beneficial for the company to reconfirm its legal obligations to use SSP. My request to use my holiday entitlement is in the company's best interest and if permitted would leave one less week during the year that my role needs to be covered though statutory entitlements.

 

My employer has since responded with their clarification and corresponded with the following statement,

 

Thank you for confirming that you are fit and able to return to work on Saturday, we have noted that you are still in the process of recovery, so please let us or the team know if and when assistance is required at the Cafe.

 

In terms of the SSP, the company, on the advice of our HR consultant, only pay SSP to employees and do not allow the use of holiday entitlement.

 

Can I also point out that I still do not have a signed copy of my Contract of Employment ... does this place me in a vunerable position?

 

Thank you again for your advice

Edited by Sidewinder
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edit: too early, I' writing nonsense!

 

bottom line: annoying them vs cash: which matters more?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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