Holiday entitlement

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Annual leave at my work runs from April 1st to March 31st. I went off sick on 26th December and still had one weeks annual leave left, I work in Scotland. Can I carry this forward to this years entitlement, what happens to my leave if I don’t go back to work at all, do I get paid for it? Trying to get things straight in my head. Thank you.

  • Hello

    Thank you for contacting Macmillan cancer support. My name is Polly and I am a work support advisor on the Macmillan support line.

    Under the working time regulations everyone is entitled to 5.6 weeks holiday each year. A weeks’ holiday is worked out using your normal or average working week. Some employers give more holiday than this.

    The working time regulations say that if you are unable to attend work due to long term sick leave then you continue to accrue your holiday as usual and you are entitled to carry over 4 weeks from one leave year to the next. As you have been on sick leave since December and you have a week left for the period up to March 31st then you can carry over this holiday into the new leave year which starts on the 1st April. This holiday needs to be used within 18 months of the end of the leave year in which it was accrued.

    If you wish to use holiday while you are on sick leave you simply need to give your employer the correct notice. if the employer allows this then they will suspend your sick leave put you on holiday and then reinstate your sick leave after the period of holiday.

    Whether you resign or the employer dismisses you then you will be paid all the holiday the employer owes once your contract is finished. We always say to people do not feel pressure to make any big decisions about your future employment until you know all your options. Please give us a ring to talk this through.

    Please have a look at the information about holiday on the ACAS website

    Here is a link to our booklet “Your rights at work when you're affected by cancer

    Polly 

    Work Support Advisor
    Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email