Advice please, holiday while on sick leave

geri1965_2

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geri1965_2

SarEl wrote: »

She is either on holiday or sick - she cannot be both.

I agree, but if she has a sick note, she is sick. Where she is when she is sick is none of their business.

stebiz

It really depends on the type of holiday. If she was to go away for a week or so, convalescing that would be treated a lot different to a weeks holiday in Ibiza, soaking up the sun and going to bed at 3am in the morning.

To cover all eventualities, and so she enjoys her break, why not get a letter off the doctor, and have a word with the employer. Nothing to hide and all that...................

SarEl

geri1965 wrote: »

I agree, but if she has a sick note, she is sick. End of.

What on earth is that supposed to mean? She is sick yes. That does not give her the right to go off on holiday without permission. If she does so, and her employer chooses to take it the wrong way (which they are entitled to do), then it will indeed be the "end of" - her employment. In law you are still bound by your contract of employment whilst sick and you cannot simply go on holiday without your employers permission. End of.

mikey72

I agree, cancel the holiday leave, stay sick and go away.
You do not have to be sick at home. The doctor says if you are able to work or not, or fly or not.
It is nothing to do with the employer. He could wrongly dismiss you, in which case go to a tribunal.
It could be career limiting though, if they don't approve.

geri1965_2

SarEl wrote: »

What on earth is that supposed to mean? She is sick yes. That does not give her the right to go off on holiday without permission. If she does so, and her employer chooses to take it the wrong way (which they are entitled to do), then it will indeed be the "end of" - her employment. In law you are still bound by your contract of employment whilst sick and you cannot simply go on holiday without your employers permission. End of.

An employer is obliged to carry on paying SSP if an employee goes on holiday whilst off sick - which would indicate that it is "allowed" in law. They are not "entitled" to take it the wrong way at all. They are bound by the law (and contracts, however, contracts must fall within a legal framework).

stebiz

geri1965 wrote: »

An employer is obliged to carry on paying SSP if an employee goes on holiday whilst off sick - which would indicate that it is "allowed" in law. They are not "entitled" to take it the wrong way at all. They are bound by the law (and contracts, however, contracts must fall within a legal framework).

That's it then. All sign of sick with Depression and go on a 3 month cruise. Of course the employer is entitled to know what is going on. For a start he may wish to call out and see how the employee is, after all he is still paying the employees wages. And just because she can go on holiday in the frame of the law doesn't mean it won't be noted, when she comes back with a lovely tan, showing holiday snaps. What's wrong with having respect, with her employer, and get a letter off the doctor, and get their blessing too!!

lollysmom

stebiz wrote: »

That's it then. All sign of sick with Depression and go on a 3 month cruise. Of course the employer is entitled to know what is going on. For a start he may wish to call out and see how the employee is, after all he is still paying the employees wages. And just because she can go on holiday in the frame of the law doesn't mean it won't be noted, when she comes back with a lovely tan, showing holiday snaps. What's wrong with having respect, with her employer, and get a letter off the doctor, and get their blessing too!!

we are not going on holiday 'because' of the depression, my cousin has had her gall bladder removed and that is why she is off sick at the moment, getting away from all the horrible family issues at the moment is right for us - indeed if she was at work she would have booked holiday for us to go, I am not 'throwing the depression stick about' but anybody who has suffered with severe depression knows that removing yourself from the situation for a short while can help in the long term, I didnt ask to be bashed about this topic i just asked for a bit of advice, thanks to all who have given us advice, its a shame that someone has to make a mockery of an illness, of which depression is but not what this is about.
thank you again for all your help.

zzzLazyDaisy

Best advice - obtain a letter from the GP advising that a relaxing holiday in the sunshine will, in his/her opinion assist the patient's recovery and help in achieving an early return to work.

Inform the employer that, acting on medical advice you intend to take a holiday between X & Y dates and during this time you can be contacted on ??? number. Enclose the doctor's letter.

Few if any employers would object to a holiday under these circumstances.

EDIT - but as someone else has said, if you are going skiing or on an overland sahara trek, then that would be inconsistent with the reason for the sick leave, and could then result in disciplinary action.

stebiz

lollysmom wrote: »

we are not going on holiday 'because' of the depression, my cousin has had her gall bladder removed and that is why she is off sick at the moment, getting away from all the horrible family issues at the moment is right for us - indeed if she was at work she would have booked holiday for us to go, I am not 'throwing the depression stick about' but anybody who has suffered with severe depression knows that removing yourself from the situation for a short while can help in the long term, I didnt ask to be bashed about this topic i just asked for a bit of advice, thanks to all who have given us advice, its a shame that someone has to make a mockery of an illness, of which depression is but not what this is about.
thank you again for all your help.

If you have ever read any of my threads, you will know that I, yes me, suffer badly from depression, and I know how bad it is. Just ask my poor wife!! I was using it as an analogy. But like I've said twice now, and others have too, why not get a letter off the doctor, politely inform your employer, and then enjoy your break. They won't take kindly if they hear it off a third party that you had an operation, and then decided to celebrate, whilst on sick, going on a hot summer holiday somewhere.