Your Employee Has Been Off Sick – So You Can Deduct A Part Of Their Holiday Entitlement…Think Again!
It’s only fair isn’t it, a member of your domestic staff has been off sick for a while, so can you reduce their holiday entitlement? The answer is No. It is not only unfair it is illegal and could leave you open to a tribunal claim.
Staff do not need to be at work to accrue annual holiday leave. They can be off work for a variety of reasons, all legal. These include: being on long-term sickness leave, on Parental or Dependant leave, Maternity, Paternity and Shared Parental Leave.
Additionally, if a staff member has been off work due to Maternity leave or absence through sickness, as the employer you are obliged to let them carry over any unused portion of their holiday leave to the following year. Not to do so, will leave you open to a claim of discrimination.
The Graham Agency, keeping you informed.
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