Advice please, holiday while on sick leave

lollysmom

Can anybody advise me please. My cousin had an operation over a month ago and is on sick leave at the moment for at least another 4 weeks until she sees the consultant again.
my question is really, if she goes on holiday in the meantime could she get the sack? I know technically you can't get the sack whilst on sick leave and in my mind does it matter where you recuperate and a relaxing holiday would help but would there be repercussions when she goes back to work if the employer found out?
thank you for any advice :-)

PasturesNew

What sort of holiday?
- skydiving in South America, then pony trekking up the mountains?
- weekend in Devon consuming cream teas and stroking cows?

lollysmom

sorry, just a relaxing beach holiday, sitting around the pool sort of thing as she is obviously not 100% yet but getting there.

Zazen999

Also, really depends on the employer.....

If she doesn't call it a holiday and calls it recuperation by the sea......and doesn't make a song and dance about it....

Or tell them that she is going away for x days to friends so that they can look after her [or something dull like that]....

geri1965_2

She doesn't need to tell them anything. She has a valid sick note and what she does in that time is her own business, as long as it isn't against any medical advice.

lollysmom

she works within the nhs as an office worker if that helps, obviously she wouldnt go around telling everyone she has been on holiday although her annual holiday also falls within the sickness period that she is off and that her employer is aware of. this is a different holiday to that, we just want some time away as some bad family issues that include both of us have arisen and we feel we need a break, we both suffer from depressi n and just want to get away for a week and not think about it all :-(

lollysmom

thanks for replies, her doctor is aware we are going away and also aware of the family issues too and she hasnt been advised not to go away, as i said just worried about repercussions if they found out and decided to be funny about it.

Tigsteroonie

They shouldn't be funny about it. If a break is needed and would help the recuperation process, then go. Any bad comments received after returning to work should be considered "bullying".

SarEl

geri1965 wrote: »

She doesn't need to tell them anything. She has a valid sick note and what she does in that time is her own business, as long as it isn't against any medical advice.

Incorrect. In law she is still bound by her contract. She is either on holiday or sick - she cannot be both. If she goes on holiday without informing her employer in the normal way she is laying herself open to being dismised or disciplined. The correct way to do this is to inform the employer. They may give her permission to go away during her sick leave (especially if this is backed by medical advice), or they may decide that it is holiday and not sick leave - depending on the circumstances. Sick leave is not an opportunity to take extra holiday, no matter what the circumstances.

LittleVoice

lollysmom wrote: »

I know technically you can't get the sack whilst on sick leave

What do you mean by that statement, please?

SarEl

LittleVoice wrote: »

What do you mean by that statement, please?

Excellent point - I missed that. Just to clarify, if you are employed, you can be sacked, technically or otherwise. Nothing stops you being sacked - your circumstances can delay a dismissal, but cannot prevent it. So just in case I wasn't clear - taking holiday outside your contractual terms (i.e. following the normal rules like notifying the employer, getting permission etc) can and may get you sacked, sick or not. Somebody earlier on commeneted that this is your time and you can do what you want. It isn't your time. It is the employers time. It remains the employers time for as long as you are employed by them. Sick leave is not time off. You cannot do anything when you are sick that you couldn't do when at work.