Can you claim back Holidays if you have a sick note?

portmeiriana · 02-09-2004, 00:45

I was taken I'll two days before I started a weeks' holiday that I had booked months earlier. I was given a two week sick-note and spent the time in bed but I'm told by my company that I have lost the entitlement to the weeks holiday because "You have been paid sick pay for the days you had booked as holiday and to let you take the five days holiday later in the year would be like paying you twice". This sounds like nonsense.

What do you think?

Richard M · 02-09-2004, 00:47

Sounds like nonsense to me too.
Welcome to CF by the way.

**Rob** · 02-09-2004, 01:04

I think your being diddled.

If your were off work for more than I think 4 days, then the firm may well have been paying you statutory sick pay, as part at least of your pay packet for the period. But crucially the company will have been offestting that against some of their payments on your behalf to the government in tax, or National Insurance. If you see an item on your pay slip saying statutory sick pay you know they've done it that way.

If that's the case then how can they argue your time off was holiday, not sickness.

**Paul M** · 02-09-2004, 01:48

Quote:

Originally Posted by portmeiriana

"You have been paid sick pay for the days you had booked as holiday and to let you take the five days holiday later in the year would be like paying you twice". This sounds like nonsense.

What do you think?

Complete drivel, they are trying to con you.

orangebird · 02-09-2004, 08:37

I'm not sure about the legal side of it, but at ntl, if you book holiday and are sick in that period of time, you can claim back the days you were sick for - I thought all companies did the same... ?

Nugget · 02-09-2004, 08:55

Paul has summed it up perfectly - if they say that they would be paying you twice, they are doing their accounting / payments wrong.

SSP is offset by various other bits and pieces, so it doesn't actually cost them the amount of your wages - I'd recommend challenging it, and checking out CAB or somewhere like that to get some background info.

zoombini · 02-09-2004, 10:43

Check with the CAB, but I have come across this before.

As far as I know (and check the validity of this yourself);

There is a legal entitlement to claim back the booked holiday if you are sick during it, but this seems to be only if its specified in your contract so check it out. If you do not have one ask others doing the same job as you if its in thiers?

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