Industrial injury and holiday pay

badfinger

I recieved a rather nasty industrial injury to my hand. I have been examined by my doctor and recieved a medical certificate. During this period of certificated sickness my hoiday fell due. Does this mean I should either be allowed the holiday at a later time fully paid or payment in lieu. I have been paid my normal wages (well two weeks so far) during my disablement. We are not talking long term sick here about five weeks total. Can anyone advise me, or who can I contact, so that I can be ready with some amunition as I feel this coming up and I dont want to be caught cold.

Regards

Badfinger

Savvy_Sue

It may be in your contract. If you have an HR dept, contact them. I don't know what the legal position is, but I believe if you are on maternity leave you get your full year's leave on top of that. Can't see why sick leave should be any different.

I know this may not apply in your case, but in other cases there may be a bit of "If you're well enough to go on holiday you're well enough to be at work."

Of course if you write in and cancel your holiday or do whatever you have to do to change holiday dates you'd find out what your employer thought!

badfinger

Thanks for you advice,

It seems after your advice that it will be ''in the small print somewhere'' but as for the holiday it cant matter that much if one is on holiday or at home, this was a perifial injury that only required to be kept clean and imobilised.
Iwill take your very good advice and proceed to attack the HR dept. if it becomes an issue (which I am sure it will) Conversly the injury would have cost my employers a five figure sum had I been in the staff union at the time --which of course I am now!!!

Kind Regards

Badfinger

zzzLazyDaisy

The legal position is simple. If you are off work on certified sick leave before your holiday falls due, and continuously throughout the time that you had booked off work for your holiday, then your holiday leave is cancelled and you are entitled to take it later. If your HR people argue about this, pm me, there are statutory provisions backed up with court decisions on this point. The argument that 'if you are fit to go on holiday you are fit to work' does not hold water - any doctor would write a note confirming that the holiday is recommended for therapeutic reasons, and employers know this.

But the sick leave must start before the holiday and finish after. If you fall sick after your holiday leave has started, then sick leave only kicks once you are due back at work.

As for your injury costing the company - if the injury was caused, or contributed to, by their negligence, you are entitled to make a personal injury claim. Some unions will help even if the injury occurred before you became a member. If they won't help, go and see a solicitor, many do 'no-win-no-fee' these days. But make sure you see a solicitor and not a PI management company, as they take a commission from any compensation you get, and often put pressure on people to settle for less than the claim is worth because if it doesn't settle, they have to refer you to a solicitor anyway, by law. If in doubt, contact your local law society or CAB and ask for details of local Accident Solicitors.

badfinger

My goodness what a reply, thank you so much. You obviously have a huge knowledge base on this matter. I work for a large supermarket chain and the past histories of this type of matter is well documented so I am delighted with your advice and kind offer.
I am sure this will help other people looking in on this fabulous forum.

Many Many Thanks

Badfinger

zzzLazyDaisy

You're welcome. I should just add, for the sake of completeness, that while an employer is legally obliged to provided paid holidays, there is no such requirement in relation to sick pay. If your contract provides for sick pay, great.... if not, then you fall back on the SSP entitlement, which is a pittance. So anyone who only gets SSP, might choose to turn a blind eye to the legal position and accept their holiday pay (if it is offered) simply in order to minimise the financial implications of being unable to work. But as you have made reference to being on staff, I am working on the premise that your contract makes provision for sick pay. :cool: