Query re holiday if on sick leave?

shopndrop

I am currently on long term sick leave, and on half pay. I have been advised by my manager that if I want to go away on holiday at all, I need to apply for holiday leave as normal, even though I am signed off as unfit for work by my GP and Occ Health doctor also says I am unfit for work.

Can anyone advise if I do want to take some holiday whilst off work, do I get my not fit for work note up until the day I go away, then go back to my GP the day I get back for a new note?

Also, do I only get half pay for the days I am actually on holiday or do I revert to full pay for this time?

sunflower_2

i think if it was a relaxing holiday u wud stay on sick with note from doc to confirm ok to relax, not to work.

yet if ur going mountain climbing....;)

shopndrop

It would definitely be a relaxing holiday after being ill for so long. Feel in need of some R & R. Just thought it strange that my manager contacted me to say that anyone off sick and going on holiday needs to book it as normal even if signed off by GP, something about new rules? Never heard of this before.
I take your point about if it was mountain climbing, skiing etc.

bluenoseam

I'm sure someone said last week that you had to on the premise that while you're signed off work sick you're still under contract and should be held to the terms therein. Besides that point it should also be considered courtesy to say to your boss at the very least, i doubt there are many managers who would decline any such move particularly as you are off sick, but even if for nothing else than to let them know should they need to contact you i'd tell them. When i found myself in the same situation i told them i was booking a gig in London (i thought i'd be back at work by the time it rolled round - youthfull stupidity i guess ) which my boss said was cool, when it became apparent i wasn't going to be signed fit by then i told them again and the HR dept said basically there was no reason to decline the break.

Savvy_Sue

If you're on leave, you'd get your full pay.

SarEl

bluenoseam wrote: »

I'm sure someone said last week that you had to on the premise that while you're signed off work sick you're still under contract and should be held to the terms therein.
.

Pretty sure it was me and this would be correct. Apaprt from anything else, on long term sickness you continue to accrue holiday and due to legislative changes can be paid for it if you fail to return to work. It is therefore not fair (to other employees if nothing else) if you go on holiday and still claim the holiday, just because you are sick. So if you take holiday it should be formally agreed by the employer and deducted from your annual entitlement. Failure to notify could be a disciplinary offence, just as it would be if you were at work and decided to take off without telling anyone.

shopndrop

SarEl wrote: »

on long term sickness you continue to accrue holiday

Thank you, hadn't realised that I was accruing my holiday. Thought it would be taken out of what I accrue when I return to work.

Uncertain

SarEl wrote: »

Pretty sure it was me and this would be correct. Apaprt from anything else, on long term sickness you continue to accrue holiday and due to legislative changes can be paid for it if you fail to return to work. It is therefore not fair (to other employees if nothing else) if you go on holiday and still claim the holiday, just because you are sick. So if you take holiday it should be formally agreed by the employer and deducted from your annual entitlement. Failure to notify could be a disciplinary offence, just as it would be if you were at work and decided to take off without telling anyone.

Yes, sort of.......

However, conversely nothing says you have to stay at home when on sick leave.

Obviously you have a duty to your employer not to do anything that would impede your recovery and therefore extend your sick leave.

Depending on the circumstances a doctor may take the view that going somewhere nice for a week would help your recovery and thereby shorten your sick leave.

If your doctor is "on-side" with this and will back you up should the firm question your actions then it may be tempting just to go.

Uncertain

shopndrop wrote: »

Thank you, hadn't realised that I was accruing my holiday. Thought it would be taken out of what I accrue when I return to work.

Yes, this is a result of what's become known as the Stringer judgement. You continue to accrue holiday at least at the statutory rate of 28 day per year for the whole time you are off sick. If your contract gives more holiday than this then the firm may be able to withhold the extra.

Equally you cannot lose holiday that you have not taken due to sickness even if the firm have rules preventing or limiting the amount of leave you can carry over from one year to the next.

If you do not return to work the firm will have to pay you for all accrued holiday right up to the end of your notice period.

asparagusnextleft

I've never heard of anyone having to take annual leave to go on holiday while on long term sick leave.

I was once on long term sick leave and it just wasn't mentioned that time spent away from home on holiday would be taken out of my annual leave entitlement, and yes, the company knew I was going away for a few days. It was not a problem.

Surely if you are on sick leave, you are on sick leave, whether that's at home or away from home?

I asked my husband too, he used to manage a large number of people, a couple of whom were on long term sick, and he said that his company would not expect someone on long term sick to use their holiday entitlement to go away while on sick leave. It's not something that he has ever heard of either.

SueC_2

asparagusnextleft wrote: »

I've never heard of anyone having to take annual leave to go on holiday while on long term sick leave.

I was once on long term sick leave and it just wasn't mentioned that time spent away from home on holiday would be taken out of my annual leave entitlement, and yes, the company knew I was going away for a few days. It was not a problem.

Surely if you are on sick leave, you are on sick leave, whether that's at home or away from home?

I asked my husband too, he used to manage a large number of people, a couple of whom were on long term sick, and he said that his company would not expect someone on long term sick to use their holiday entitlement to go away while on sick leave. It's not something that he has ever heard of either.

But as an employee, if you are struggling on half pay, declaring your holiday will get you back on full pay for the period. I've known people convert from sick leave to annual leave even though they aren't going away anywhere, purely so they can get their income up for a couple of weeks.