We have an employee that has unfortunately been off on long term absence due to a stroke since February 2008 – currently he is signed off until November 2008 and we are unsure if he will return then.

He has asked what he is entitled to in regard to holidays or payment of. The normal entitlement is 25 days plus bank holidays with a 10 day shutdown in July.

So my questions are firstly:

1. If he returns in November what holiday is he entitled to?
2. If he returns next year, say February, what holidays is he entitled to (does it carry over from 2007)?
3. If he doesn’t return at all in 2008 what holiday is he entitled to (or payment of)?

I have taken advice and got 2 different views; 1 saying that if he returns in November he should have all his holiday entitlement, therefore he won’t be back till 2009 – the other view was that he should be entitled to any holiday he accrued upto the time before he was absent.

Your views please.
Marie Emery