do i need permision for a holliday

plumber_carl

my wife as had a operation on her arm,, key hole surgery the surgeon as given her a sick note for 8 weeks,, she is informed she must not lift or drive and only exercise the arm,,, as she is not ill just recovering,, if we were to go abroad for a week as she got to tell her employer she is going away??

seven-day-weekend

I personally don't see why she should, as long as she is still looking after her arm as she would at home. It all goes towards aiding her recovery.

Googlewhacker

I on the other hand would ask the employer, whilst you may be ok it will look bad if the employer finds out that a 'sick' employee has been on a jolly abroad.

Emmzi

if she gets sick pay or SSP I would tell them. Generally with longer term sick I ask for a quick Occ Health referal for my staff to ensure travel etc will not exacerbate their condition, then am happy to agree.

SarEl

Emmzi wrote: »

if she gets sick pay or SSP I would tell them. Generally with longer term sick I ask for a quick Occ Health referal for my staff to ensure travel etc will not exacerbate their condition, then am happy to agree.

I agree. Technically your contract is still in place when on sick leave, and you have to comply with all provisions of it - inlcuding asking permission to go on holiday. Failure to ask is breach of contract - no different than if you sloped off to Majorca instead of turning up at work. If her doctor gives her permission to travel (and she should make sure she has this) and can recommend that it will aid her recovery it may make it easier for the employer to agree. But do not think of going without the employers agreement - I have known people sacked for doing exactly that.

Tiddlywinks

Just a thought but you need to be just as worried about travel insurance - I've just had a couple of operations and the travel insurance is a nightmare...

As to her employer, I'd also see if they have an Occupational Health advisor to endorse (or otherwise) the travel.

ohreally

I would run it past the employer and if they become inquisitive inform that the GP/ specialist advised a beach holiday will aid recovery and shorten rehabilitation.

Its relaxation, not mountain climbing.

getmore4less

SarEl wrote: »

I agree. Technically your contract is still in place when on sick leave, and you have to comply with all provisions of it - inlcuding asking permission to go on holiday.

What defines a holiday that requires permission?

AIUI it is a period that you will not be available for work and want to get paid as holiday what you do where you go is not relevent(

So

If I am unfit to work(with my fit note and no alternative available) what I do is my business as long as it does not involve any activity that is covered by the fit note.

Should I become fit I will return to work ASAP.

Why would 5 days in Majorca be any different to 5 days at a travelodge in the next town or staying at you mums, or staying at any other of your friends houses or your own properties anywhere in the world.

SarEl

getmore4less wrote: »

What defines a holiday that requires permission?

AIUI it is a period that you will not be available for work and want to get paid as holiday what you do where you go is not relevent(

So

If I am unfit to work(with my fit note and no alternative available) what I do is my business as long as it does not involve any activity that is covered by the fit note.

Should I become fit I will return to work ASAP.

Why would 5 days in Majorca be any different to 5 days at a travelodge in the next town or staying at you mums, or staying at any other of your friends houses or your own properties anywhere in the world.

It's a pretty simple answer - you are required by contract and by law to give your employer a certain amount of notice before you take holiday. And the employer is entitled to refuse it - but not unreasonably. However, what you cannot do is break your contract - whether you are sick or not. The extension of your argument is clear - I have six months sick pay so I go to Majorca on holiday. I come back and claim that I have taken no holiday and book my holiday! So I get six months and 28 days holiday.

To be fair - it works in reverse. If I am on holiday and become sick, by obtaining a sick note from a doctor abroad, I can claim sick pay and then have these days counted as sickness and not holiday. I recall a case of a young man who annoyed his employers by doing just this. He regularly (every year) took four weeks leave (having used up all his other leave) - two with pay and two unpaid. Each year he "became sick" when the unpaid leave kicked in. He thought his employers stupid. They dismissed him the third year it happened.

Many employers will permit travel during periods of sick leave provided it is reasonable, and a doctors note saying it will aid recovery does help. Others will insist on it being taken as holiday if it is holiday. Some don't care one way or the other. But if you have one of the employers who does care, it is a dangerous strategy. As I said, people have been dismissed for this, and their dismissals found fair. In this day and age in particular, employers may be looking for an excuse.

In the end the OP has to judge the risks and make their own decision, but it certainly isn't as easy as "when I am off sick it is nobody's business where I choose to recuperate" - especially if it involves a holiday.