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holiday and sick
02GF74 - 24/11/09 at 02:39 PM

let's say you take a week off work as paid vcation and let's say that for 2 of the days you are in bed with sickness.

can you claw back the 2 sick days so end up with 2 more days of holidays or tough titties.

would this be at discretion of HR or written in stone in employment law?


blakep82 - 24/11/09 at 02:42 PM

think it would be up to HR, but i don't think they'd let you get away with it


scootz - 24/11/09 at 02:43 PM

It was the norm with my former employer... if you're sick, then you ain't on holiday!


stevebubs - 24/11/09 at 02:54 PM

I think it depends on local policy.


blakep82 - 24/11/09 at 02:54 PM

^ think i'd been working for RBS too long. they'd have the rings off your fingers if you died at work lol (don't kknow where that came from!)


Project7 - 24/11/09 at 03:02 PM

Yes i think you can

http://www.telegraph.co.uk/new s/worldnews/europe/eu/6193428/Holiday-sickness-ruling-will-hit-small-businesses.html


MikeR - 24/11/09 at 03:05 PM

Its company policy at my place and I think its the law as well.

You'll probably have to get a doctors note to prove it though.


Humbug - 24/11/09 at 03:08 PM

If you're sick (and you may need doc's note depending on policy) then you aren't taking holiday... I would look at it that if it is something that means I would not normally go into work, then I'm sick and my holiday days should be clawed back


Macbeast - 24/11/09 at 03:12 PM

The court ruling made clear that if a "worker does not wish to take annual leave during a period of sick leave, annual leave must be granted to him for a different period".

That would seem to say that you would have to be on sick leave before the booked holiday started.


jacko - 24/11/09 at 03:35 PM

Where i work people book days holidays when on sick because if you go on sick you dont get pay for the first 3 days if you are off more then 4 weeks you get the 3 days back


02GF74 - 24/11/09 at 03:47 PM

woo hoo - finally managed to find HR and she says yay if my manager says yeah;

whether I get them back remains to be seen but was worth a shot I guess.


MikeLR - 24/11/09 at 05:49 PM

If you are off sick you are not on Holiday !
One thing that I could not come to term with in the NHS was that you still accrued A.L. whilst on Maternity leave !
Mike


spaximus - 24/11/09 at 06:05 PM

My view on this is that some will take advantage of something which was designed to look after people genuinly ill. If you are on holiday in Spain and for two days of your holiday you are sick, do you seriously suggest it is fair to then come back and have your employer give you extra. The law was designed so that people who have booked holidays who are so ill they cannot take them are not then told that they have no pay and by the way you have lost your holiday as well. It was not designed as a malingers charter which is what some will use it as.


SteveWalker - 24/11/09 at 08:04 PM

quote:
Originally posted by spaximus
My view on this is that some will take advantage of something which was designed to look after people genuinly ill. If you are on holiday in Spain and for two days of your holiday you are sick, do you seriously suggest it is fair to then come back and have your employer give you extra. The law was designed so that people who have booked holidays who are so ill they cannot take them are not then told that they have no pay and by the way you have lost your holiday as well. It was not designed as a malingers charter which is what some will use it as.


There was a recent change in the law, allowing people like my wife not to lose her holidays - she was on maternity leave and had holidays to take between returning and the end of the year, but was then ill for the rest of the year and couldn't take them. The European Court ruled that holidays are required (min 4 weeks per year) to allow employees to rest and relax from work and help maintain their health and that while people are ill, they are not enjoying the right to this rest and relaxation and therefore must retain the holidays for future use. Following that logic someone being ill for even a few days of a holiday should be able to reclaim the time.


Ninehigh - 25/11/09 at 06:31 AM

You lot get paid for being sick? What mystical company are you working for where they give a s**t about employees?

Can someone U2U me an application form?