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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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i am currently signed off sick until the new year , and receiving

Customer Question

i am currently signed off sick until the new year , and receiving ssp , however the company shuts down for 2 weeks over xmas/new year , we usually get 2 weeks holiday pay for this . am i entitled to this pay ?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. You have a couple of options - one is to ask the employer to treat this time as a holiday and deduct it from your holiday allowance and pay you the usual pay you are entitled to during that time. The other is that because you are on sick leave you are unable to take this time off as holiday ans that it should not be deducted from your holiday allowance, but that you should be entitled to take it at a later time when you are no longer on sick leave. However if you choose that second option you would continue to be paid SSP now and will only receive the full holiday pay when you decide to take this holiday later

JACUSTOMER-5gs85n15- :

ok thanks for that , as i said the company shuts down for 2 weeks . so i do not have the option to work even if given the ok by doc , so what do i do if the boss refuses to pay the holiday pay or is he legally bound to ?, i do not need to take the holiday time later ,

Ben Jones :

Recent laws have clarified the position when employees are unable to take holidays due to sick leave. If someone is off long term then as they are unable to take the leave they are due to take the employer should allow them to take it another time. This means that what should happen is that you remain on sick leave and these 2 weeks are not taken off your total allowance like with other staff but you are allowed to take them another time, when you are no longer on sick leave. If you were to leave this job before you have the chance to take them, you should be paid for these when you leave

Ben Jones :

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

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help: