Query re holiday if on sick leave?

SarEl

I am going to say it again. There is no legal basis to say that if you are on sick leave then you may do whatever you wish with your time. You are still under contract and if you wish to go on holiday then you must abide by your contractual terms for booking it. People can be and have been dismissed for simply going off on holiday whilst off sick - and your doctors opinion as to whether a holiday would help you recover or not is entitrely irrelevant.

If your employer chooses not to care about these things (and increasingly, that applies to fewer and fewer), then that is very nice for you. But if they do care and choose to do something about it then you are legally in the wrong. Anecdotal stories about what individuals belive should be the case, what your employer did, or what you did as an employer are not relevant. The only correct advice to give to someone whose employer is not you is to comply with the contractual terms which you are bound by. Because you may not believe it's fair or right - but if their employer doesn't agree with you (which this one obviously doesn't) then it will be them and not you who is facing a possible dismissal.

shopndrop

I will advise my employer "if" I go on holiday but just wanted clarification really as to what I need to do about sending in an unfit for work note. I have no objections to taking time from my annual leave.

yvonne13_2

A lot of people at my place of work use up there holiday entitlement then all of a sudden go of sick then send in a sick note claiming stress from in the working environment then go on a two week holiday abroad.
It's a shame some place's are not more flexible with holidays ect as staff sickness would drop.

Where I used to work people was very rarely sick as you could buy additional holiday hours from your co-worker if they did want to use all there entitlement and it worked.

The OP is being honest and it is nice to see that there are still some people that see things from both the employer and employee.

Savvy_Sue

yvonne13 wrote: »

It's a shame some place's are not more flexible with holidays ect as staff sickness would drop.

Where I used to work people was very rarely sick as you could buy additional holiday hours from your co-worker if they did want to use all there entitlement and it worked.

That's no longer legal: companies HAVE to give at least 28 days paid leave (but this may include the bank holidays), and they can't legally pay staff for any leave not taken.

paddedjohn

shopndrop wrote: »

I will advise my employer "if" I go on holiday but just wanted clarification really as to what I need to do about sending in an unfit for work note. I have no objections to taking time from my annual leave.

You might as well tell your employer as this may give you full pay for time you didnt even know you had accrued.

SueC_2

Savvy_Sue wrote: »

and they can't legally pay staff for any leave not taken.

I think they can if they are days that are over and above the statutory requirement.