Advice please, holiday while on sick leave

purple12

Just on this note, I'm in a similar situation - I had surgery just over 4 weeks ago. Some of the 'websites' I read, said I'd be up and about after two weeks. I could barely walk for more than five minutes after 2 weeks. It really does depend on the person. Saying that though, there's no way I'd consider flying overseas at the moment.. but that's just me. I think the best thing to do is to just keep the employer informed about everything.
I've been speaking to my manager quite frequently and made a not-very-successful attempt to see how the travelling from work to home went.. but sometimes the 'generic information' - as happened in my case, and as written above, is related to when everything is very straightforward. Surgery itself although you can't always see it, involves internal trauma. My doctor has been very adamant that rest is the best thing for me.. although it's getting more than a bit boring now..

SarEl

lollysmom wrote: »

I have spoken to my cousin this evening, she is going to ask the doctor to write a letter and then see her employer as per the advice given on here.
As for the length of time she has had off so far (4 weeks) that is down to the consultant, not her, me or anybody else, he told her before the op she would not be back at work for at least 6 weeks - as he is the medical professional, then she has listened to him and done what he has asked.
she has been sitting in the garden for the last few weeks while we have had nice weather and therefore has a tan, but i would have thought it would be common sense to have fresh air rather than lying in a stuffy room bedridden. we do not want to go bungee jumping or anything as daft as that we just want to go away and relax, for her to fully recuperate and get away from the horrible circumstances which we currently have here at home.

This is certainly the best way forward. I don't think anyone here was having a go at you or the situation, but at some of the foolish advice. It isn't about where you go, in the UK or abroad - it is about complying with your contractual obligations and making sure that you have all your bases covered.

SarEl

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).

Untrue. An employer is not obliged to carry on paying SSP if the employree goes on holiday. HMRC states only that SSP continues where an employee takes paid holiday leave - paid holiday leave being in accordance with their contractual terms. The law states that you must provide your employer with notice if you wish to take holiday entitlement. Sick leave is not an "additional holiday entitlement". An employer may concur with medical opinion that a holiday would benefit their employee, and may even allow it to be taken in addition to their annual leave entitlement - but that is their choice.

zzzLazyDaisy

Re statutory leave (as opposed to contractual leave) - You can only take paid holiday leave if you are in work, and therefore on holiday from work. You can't take paid leave while in receipt of SSP.

There is a recent working time regs case on this. For the moment I can't put my hands on it - but if you think about it, there is logic to this - WTregs are there to ensure people get a break from work, if you are off sick anyway, you are not working so the object of the regs is not achieved if you take part of your statutory leave while off sick.

However statutory holiday entitlement continues to accrue while an employee is off sick.

xxElleDeexx

I'm not sure if this is any help, or if applies in this case BUT ...... I was recently off work ill (last year) and was due to fly out to visit my father who lives in Barcelona (in full knowledge and agreement with my employer) but due to being signed off my travel insurance didn't cover me. After hearing this I checked the airline website and they too require further info if you are signed off .... depends on what your signed off for right enough but could affect your travels.

My mum also had her gall bladder removed about 2 months ago, she seems to have been one of the lucjy ones as about 4 days after the op she was back to normal and within 1 week back to scrubbing the floors ;-)