Leave and sickness, experiences?
Discussion
Here's the scenario.
Under EU regs if you are ill while on annual leave you are entitled to a corresponding amount of time leave again. I had no clue about this and I suspect not everyone does. As far as I was concerned if you were ill, tough.
So, in a situation where someone gets a lot of annual leave (schools) and they are ill for a week while on leave they would be entitled to a further weeks leave at another time. Bearing in mind its almost unheard of for staff to have time off in term this in itself might be an issue.
Question is if anyone has actually come across this happening, bearing in mind you self certify the first 5 days of sickness as well.
I just imagine half way through the summer someone getting ill then rocking up to work in September and asking for another week off. No evidence, no proof. Or as in a case that prompts the question, several genuine weeks illness.
Under EU regs if you are ill while on annual leave you are entitled to a corresponding amount of time leave again. I had no clue about this and I suspect not everyone does. As far as I was concerned if you were ill, tough.
So, in a situation where someone gets a lot of annual leave (schools) and they are ill for a week while on leave they would be entitled to a further weeks leave at another time. Bearing in mind its almost unheard of for staff to have time off in term this in itself might be an issue.
Question is if anyone has actually come across this happening, bearing in mind you self certify the first 5 days of sickness as well.
I just imagine half way through the summer someone getting ill then rocking up to work in September and asking for another week off. No evidence, no proof. Or as in a case that prompts the question, several genuine weeks illness.
I've never had staff ask for this. I do however hear lots of stories of friends, family and staff talking about getting colds and whatnot as soon as they go on leave like a sort of wind-down reaction from work, particularly those in busy jobs. I even had a friend joke that he saves being sick for when he is on leave!
I would imagine if everyone enacted the option to claw back leave if sick whilst on leave the country would come to a standstill?
I would imagine if everyone enacted the option to claw back leave if sick whilst on leave the country would come to a standstill?
rog007 said:
I would imagine if everyone enacted the option to claw back leave if sick whilst on leave the country would come to a standstill?
I'm just glad I'm not an employer any more!The cost to my current employer would be phenomenal considering the approach staff have to sickness.
Don't forget that you continue to accrue holidays while you're off sick, and you can't take them until you're back at work. A colleague of mine was off for 6 months. When he came back to work he had take 3 weeks off on holiday immediately to ensure he took the legal minimum in holiday entitlement for that year.
MrsMiggins said:
Don't forget that you continue to accrue holidays while you're off sick, and you can't take them until you're back at work. A colleague of mine was off for 6 months. When he came back to work he had take 3 weeks off on holiday immediately to ensure he took the legal minimum in holiday entitlement for that year.
At my place I could see a perpetual cycle!I know for a fact that a particular person would have been genuinely entitled to several weeks holiday on returning to work after 3 months serious illness but it was never offered or asked for.
Anyone know if its the employers duty to make staff aware of their entitlement or a case of don't ask, don't get?
Edited by 21TonyK on Sunday 28th February 09:38
ruggedscotty said:
Yes this is so - if you are sick on holiday then you have every right to claim that back. As to those that say it is cheeky or bad crack - get over yourselves. Holiday time should be that holiday time and if you are ill then that needs to be redressed.
If I have a cold on a bank holiday, can I have another one?MrsMiggins said:
Don't forget that you continue to accrue holidays while you're off sick, and you can't take them until you're back at work. A colleague of mine was off for 6 months. When he came back to work he had take 3 weeks off on holiday immediately to ensure he took the legal minimum in holiday entitlement for that year.
Same for maternity leave.ruggedscotty said:
Yes this is so - if you are sick on holiday then you have every right to claim that back. As to those that say it is cheeky or bad crack - get over yourselves. Holiday time should be that holiday time and if you are ill then that needs to be redressed.
Shouldn't work time be that, work time?Sorry, I only get paid when I work so I'm struggling to get over myself.
workers have fought hard to get rules into place to stop abuse and maltreatment by employers - could go back to working in the mills under operating machines and getting fed gruel. etc. etc.
If I was in bed for two weeks that I was meant to be on holiday then I would be jacked off.... Im glad that my employer sees fit to acknowledge this and ensure that I get my quoted holiday time away from work.
If I was in bed for two weeks that I was meant to be on holiday then I would be jacked off.... Im glad that my employer sees fit to acknowledge this and ensure that I get my quoted holiday time away from work.
Maybe it's a public sector thing but it's certainly pretty normal that you can't take holiday while being off sick - I remember my Dad, who was a fireman, going in for a shift before we went on holiday when he really shouldn't have done, and then years later, my wife, a civil servant, having to get special permission to go away while off sick recovering after an op.
I don't get sick pay, on the rare occasions I'm ill I actually use holiday time in order not to lose out on the income.
I think NOT paying sick leave is actually detrimental; I would far rather people who are ill and contagious stayed away rather than 'drag themselves in' to the office and end up spreading their germs to the rest of us. It's a shame that people can't be adult about it and abuse sick pay or treat it as some kind of additional holiday.
I think NOT paying sick leave is actually detrimental; I would far rather people who are ill and contagious stayed away rather than 'drag themselves in' to the office and end up spreading their germs to the rest of us. It's a shame that people can't be adult about it and abuse sick pay or treat it as some kind of additional holiday.
Funk said:
I don't get sick pay, on the rare occasions I'm ill I actually use holiday time in order not to lose out on the income.
I think NOT paying sick leave is actually detrimental; I would far rather people who are ill and contagious stayed away rather than 'drag themselves in' to the office and end up spreading their germs to the rest of us.
I get paid sick pay and drag myself into the office pretty much until I drop, you get all the don't spread your germs around here bull, don't whine and penalise people who should be off then I'll reconsider my position to coming in whilst ill I think NOT paying sick leave is actually detrimental; I would far rather people who are ill and contagious stayed away rather than 'drag themselves in' to the office and end up spreading their germs to the rest of us.
Works every time spreading it round the office but I don't make the rules
R1 Indy said:
Surely the answer to this is dont pay staff for sickness(just statuary) ?
Then this issue would not exist
I wonder what the stance is when sick staff come in and you send them home ?Then this issue would not exist
Whilst you can reclaim holiday if you were sick during it at our place you have to have a doctors note to prove that you were unfit for work during that period. So you can't just go off for two weeks holiday say you were sick for one of the weeks and get another weeks holiday.
Surely most other employers have a similar policy to prevent abuse of the system.
Surely most other employers have a similar policy to prevent abuse of the system.
bompey said:
I think you are right and I have staff that have tried it. Not many have asked and I think it's a cheek to do so. I would never have done it, but technically you can. Best to check your company handbook.
Unison point out: (Rather than the company handbook)
Key facts
Generally, if you are employed in the UK you are entitled to statutory sick pay when unable to work due to incapacity.
You should tell your employer as soon as possible that you will not able to attend work.
Your employer may request a “return to work” interview when you go back to work.
You are still entitled to sick leave if you are on holiday.
https://www.unison.org.uk/get-help/knowledge/leave...
If you haven't given leave to employees who have 'tried it' and they were genuinely sick and have a doctors certificate it may cost a company a bit more than leave time. Its not down to the company hand book or rather the company hand book should be written in line with employment law.
Edited by Toaster on Monday 29th February 09:17
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff