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Employees paid for holidays whilst off sick

Employees paid for holidays whilst off sick

One of our employees has been on long term sick for over sick months - they are now no longer receiving SSP.

I have just received a letter of resignation from this employee (they never returned to work).

My question is - when I process them as a leaver, are they entitled to be paid for the holidays to their leave date ?



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By g-bhxu
14th Aug 2007 13:17

I was in nearly the same position as your employee a few years ago.

Even though I was not actually working, I was still classified as an employee and acruing holiday entitlement and got this paid in full in my last wages.

Your employee has however made one huge mistake in resigning.

He/she should have waited for you to dismiss them on health grounds and they would have also recieved pay in lieu of notice!

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14th Aug 2007 13:36

This is an interesting point that has only been partially tested by case law, but you also need to look at what your own contract says on the issue (if anything). My understanding is that unless the employee is absent for an entire holiday year then you are still required to pay them for any holiday accrued but not yet taken.

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By Anonymous
14th Aug 2007 16:16

We stopped paying SSP last month and was surprised to receive a resignation letter.

Maybe this has something to do with benefits - but I would have thought resigning

I just want to make sure we pay him all that he is due to be paid.

Also, would this affect his SSP / benefits ?

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