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Sick and Holidays?
tazwhoever
Posts: 1,326 Forumite
Two questions – what happens?
If an employee is sick on long term, what happens to the holidays (they can’t be carried over)?
If an employee is on holidays, and becomes sick during it – can the employee ask for sick pay, and cancel the remaining holidays and take it once the employee is better?
Thanks
If an employee is sick on long term, what happens to the holidays (they can’t be carried over)?
If an employee is on holidays, and becomes sick during it – can the employee ask for sick pay, and cancel the remaining holidays and take it once the employee is better?
Thanks
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Comments
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The statutory holidays acrue and can be carried over(the company can't over rule this). extra holidays the company can make up other rules.
yes. that should be the default.
You can subject to agreement take the holiday while sick and be paid the holiday pay.
This is usefull for those that need the money and the pay while sick is low.0 -
tazwhoever wrote: »Two questions – what happens?
If an employee is sick on long term, what happens to the holidays (they can’t be carried over)?
If an employee is on holidays, and becomes sick during it – can the employee ask for sick pay, and cancel the remaining holidays and take it once the employee is better?
Thanks
I guess if you get sick pay or not as to cancel holiday for SSP would be a bit silly. I have taken holiday in the past the other way round so I would get paid for sick days.0 -
I guess if you get sick pay or not as to cancel holiday for SSP would be a bit silly. I have taken holiday in the past the other way round so I would get paid for sick days.
Cancelling holiday to receive SSP only might or might not be "silly". It depends on how one values ones time - and how much one likes being at work.
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getmore4less wrote: »The statutory holidays acrue and can be carried over(the company can't over rule this). extra holidays the company can make up other rules.
yes. that should be the default.
You can subject to agreement take the holiday while sick and be paid the holiday pay.
This is usefull for those that need the money and the pay while sick is low.
Just to clarify, there is no legal right to be able to take holiday while on sick leave (nor can your employer force you to take it while off sick). But you can ask and agree with your employer to do this. Many don't as there is little flexibility built into sickness policies nowadays. Note - Taking a skiing holiday when off with a bad back might be seen as a disciplinary offence but lying on a beach fine!
Sickness when on holiday is a funny area - ECJ have ruled that you are sick but just remember that it's not always straight forward. Breaking your leg on a skiing holiday? - some may have the balls to claim the sickness and bank the holiday - but I certainly wouldn't!
You haven't asked but extending your holiday because you are sick and can't get back to work (so holiday + sick)....again a dodgy area, especially if you had asked for 3 weeks off and only got two agreed!
SSP of course would be paid if you have a valid fit note - but occupational, could be withheld.
Just be careful.0 -
For people on long term sick, in our place they may also use the accrued statutory holiday to make up the hours if they come back on a phased return, to bump up the wages a bit.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0
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