re- booked holiday leave, then off sick?

COOLTRIKERCHICK

just wondering what the stance was on this

employee booked a weeks holiday for next week ( booked about a month ago)
then phoned in sick yesturday, and not turned up for work today ( no phone call to say)

so when he comes back to work, if he comes in with a sick note, would this cancell out his holiday pay? and then still be intitled to another week of holidays?

or can i refuse to accept the sick note in lue of the holidays?

hope that makes sense.

a bit miffed as he hasnt phoned today, as we work on a skeleton staff, so have got to make a alternative arrangements when someone is on holidays etc

anamenottaken

COOLTRIKERCHICK wrote: »

just wondering what the stance was on this

employee booked a weeks holiday for next week ( booked about a month ago)
then phoned in sick yesturday, and not turned up for work today ( no phone call to say)

so when he comes back to work, if he comes in with a sick note, would this cancell out his holiday pay? and then still be intitled to another week of holidays?

or can i refuse to accept the sick note in lue of the holidays?

hope that makes sense.

a bit miffed as he hasnt phoned today, as we work on a skeleton staff, so have got to make a alternative arrangements when someone is on holidays etc

What is the organisation's policy/procedure about reporting in sick? Are employees required to phone in each day?

Do you pay sick pay for the first 3 days of absence?

What length of time did he suggest for the sickness when he called in yesterday?

If he doesn't come in next week and doesn't phone in sick that first day, it should be counted as holiday. One can be sick and on holiday at the same time.

Do you have the sick leave request documented?

paddedjohn

if he can cover his absense with a sick note then he can have his holidays another time.

chalkie99

Me being extremely cynical (but only through bitter experience) .....

Is there a possibility that this is a trick to get an extended holiday? i.e. add a couple of "sickie" days to the legit time off?

Have you tried contacting his home number to see why he is absent today or could he possibly have flown off somewhere already?

COOLTRIKERCHICK

chalkie99 wrote: »

Me being extremely cynical (but only through bitter experience) .....

Is there a possibility that this is a trick to get an extended holiday? i.e. add a couple of "sickie" days to the legit time off?

Have you tried contacting his home number to see why he is absent today or could he possibly have flown off somewhere already?

I know he is off to london for the week, plus maybe his kid has an inset day today, and he couldnt get a minder ..

chalkie i think exactly the same way as you on this, so this is why i dont really want the sick note ( if he does get one) to over-ride his holiday.

so this is why i am asking the question do i have to accept the sick note, and this cancells the holiday pay out, so he can take another week off before the end of march ( our holiday year runs from april to march), or can i make him take it as his holiday as booked?

chalkie99

Just found this:

Sickness
In light of a recent European Court of Justice (ECJ) ruling, the following is applicable if you become ill during your holiday or just before you were due to take it. You can ask to convert the period of holiday concerned to sick leave and ask to take the missed annual leave at a later date.
You should follow the usual procedure for telling your employer you are ill (eg letting them know as soon as you can or providing medical certificates). If you are not sure what your normal process is check your employment contract, staff handbook, or intranet.
You may be unable to take all of your holiday entitlement within your leave year because of illness. In this case, the ECJ judgment also means you may be entitled to carry forward the entitlement you would otherwise lose to the next year.
If you need further guidance on this subject, please contact Acas for advice.

It is from the government site here http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

so not really good news for you I think.

COOLTRIKERCHICK

thanks chalkie99

not what i wanted to hear, but if its the law, its the law,

but i will wait for him to ask, rather than me say;)

I personally think this is going to open a can of worms for 'extra' time off...a bit like 'planned sick leave'

heathcote123

COOLTRIKERCHICK wrote: »

thanks chalkie99

not what i wanted to hear, but if its the law, its the law,

but i will wait for him to ask, rather than me say;)

I personally think this is going to open a can of worms for 'extra' time off...a bit like 'planned sick leave'

That is a ridiculous ruling - if someone is on holiday and then gets ill, why should the business be expected to pay more time off?

Legally it may be correct, but if I had anyone try to pull that on me, they'd get shown the door pretty quickly.

paddedjohn

heathcote123 wrote: »

That is a ridiculous ruling - if someone is on holiday and then gets ill, why should the business be expected to pay more time off?

Legally it may be correct, but if I had anyone try to pull that on me, they'd get shown the door pretty quickly.

Why is the OP being hung drawn and quartered without the full story? he may not wish to claim sick for next week or he may indeed be unfit for work, a self cert note wont cover the full week anyway so he will have to see a doctor for one and even then he will only be eligable for ssp and not his holiday pay.

anamenottaken

paddedjohn wrote: »

Why is the OP being hung drawn and quartered without the full story? he may not wish to claim sick for next week or he may indeed be unfit for work, a self cert note wont cover the full week anyway so he will have to see a doctor for one and even then he will only be eligable for ssp and not his holiday pay.

We don't know that he would be eligible only for SSP: he may be entitled to company sick pay. Of course the OP will know.

nearlyrich

If you are ill when you should be on holiday it's only fair that you get to take the holiday when you are better BUT it sounds like this was a convenient sickie to look after the child his biggest mistake was to let people know he had a problem getting a minder. OP I would see what he says when he gets back, I would expect that of he has "thrown a sickie" he will not push it too far and he will probably just take holiday next week however if he produces a sicknote you will need to comply with the law.