# Sick Pay and Holiday entitlements



## justasking2 (20 Dec 2007)

My husband has been off work since mid May after having surgery to remove a Tumor.  

He is still employed and will be returning to work in January. 

I was wondering if he should have been entitled to his xmas pay from his employers, as the Quarry normally closes over xmas and the they would be paid as part of their hoilday entitlement (Also close for two weeks in summer and he was paid for these ) 

He works in the construction sector so has not been paid by his employers while he as been out sick, but did receive payment from Construction Federation for 50 days.


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## Brendan Burgess (20 Dec 2007)

I unerstand that holiday entitlement accrues during sick leave. 

So he is entitled to the full year's holiday pay. The Xmas thing is a bit irrelevant. 

If he is entitled to 20 days annual leave and he had taken 5, they must pay him for  a further 15. 

It's up to you to decide whether it is fair to claim these days or not, but you are entitled to claim them.

Brendan


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## Havana (20 Dec 2007)

In our organisation holiday leave does not accrue during sick leave. Howver legislation provides that once you work a certain amount of time  over the yearyou are entitled to a minimun annual leave - not sure of the exact figures - someting along the lines of once you work 1350 hours you are entitled to 8% of that off regardless of sick leave.


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## greenfield (20 Dec 2007)

Point of Information - you do not accumulate annual leave during sick leave - per enterprise trade and employment http://www.entemp.ie/publications/employment/1997/holidays.pdf

"In calculating how many days’ holidays to which an employee may be entitled, employers should include all hours worked
including time spent on annual leave, time spent on maternity leave, parental leave, force majeure leave, or adoptive leave,
and time spent on the first 13 weeks of carers leave. Employees do not accrue annual leave while on sick leave, occupational​injury, temporary lay-off, or career break."

So in the this case, the holiday entitlement would be whatever was accrued and not taken up to mid May.

However, you are entitled to any Public holidays which occurred in the first 26 weeks of sick leave.


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## ajapale (27 Dec 2007)

Moved from Welfare and State Benefits
to Work, Careers, Un/employment, Further Education/Training
which is where employment rights are discussed


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