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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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was off work sick for 2 weeks,first week was my annual leave

Resolved Question:

was off work sick for 2 weeks,first week was my annual leave got 2 week cert from doctor who said I can claim my weeks holiday back,head office said no,i get 4 weeks paid sick leave a year and had no sick days for 18 months is this the case,can I get my holiday back and how....thanks jim.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Had you already booked the time off when you went off sick?

Customer:

hi,j'm jim

Customer:

yes

Ben Jones :

well there has been a lot of case law around this which eventually decided that those employees who are on long term sick leave not only continue to accrue holidays whilst off sick but if they are unable to take holidays because are off sick should be allowed to carry that holiday over or take it another time when they are not off. You can get further details here and can use this to show the employer:

http://www.lewissilkin.com/Knowledge/2012/July/Workers-falling-ill-on-holiday-can-reschedule-annual-leave.aspx#.UuvviRB_sRo

Customer:

so I shoud get holidays back...

Ben Jones :

you should be allowed to take them at a different time when you are not off sick

Customer:

thanks that is what I thought...

Ben Jones :

You are welcome

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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