Are people entitled to book unpaid leave to have teeth out

hcb42

the employee will be off sick!

It is counter intuitive to force them on to holiday as indeed he could claim the holiday back as he is off sick.

http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/holidays_and_holiday_pay.htm#you_are_sick_while_on_holiday

OP: just tell him to fill in his sick form, provide the normal documentation from the docs if over seven days etc, and pay them as per your sick pay procedure.

apples1

yvonne13 wrote: »

I saw that but I don't understand why the OP posted a question he already had the answer to.

My OP was to ask - can one legally ask him to take holiday instead of the unpaid leave he has requested. This was not a Q I already had the answer to!

I assume you don't say "oops sorry I misread or jumped over the bits in your OP" when you wrongly accused me of not allowing holiday etc? You just find it better to now critisise me for asking an employment law Q? Sorry, you seem to be hell bent on finding a way to be !!!!ed off by this thread even when you have misread it.

yvonne13_2

apples1 wrote: »

My OP was to ask - can one legally ask him to take holiday instead of the unpaid leave he has requested. This was not a Q I already had the answer to!

I assume you don't say "oops sorry I misread or jumped over the bits in your OP" when you wrongly accused me of not allowing holiday etc? You just find it better to now critisise me for asking an employment law Q? Sorry, you seem to be hell bent on finding a way to be !!!!ed off by this thread even when you have misread it.

OP please show me a copy of where I accused you of not allowing holiday.

Sambucus_Nigra

apples1 wrote: »

My OP was to ask - can one legally ask him to take holiday instead of the unpaid leave he has requested. This was not a Q I already had the answer to!

I assume you don't say "oops sorry I misread or jumped over the bits in your OP" when you wrongly accused me of not allowing holiday etc? You just find it better to now critisise me for asking an employment law Q? Sorry, you seem to be hell bent on finding a way to be !!!!ed off by this thread even when you have misread it.

You can have a policy of requiring they use up annual leave before you will allow unpaid, and only by request. That's what it is there for. To be taken when an employee wants leave. For whatever reason.

apples1

getmore4less wrote: »

Given you could tell the employees when they take their holidays to match the slow periods I find it hard to believe you can't adapt.

3 months where everyone has to be in work is a distaster waiting to happen as highlighted by the current situation.


Unless the 28 days don't include BH your holidays are the legal minimum

I have offered to adapt by agreeing the time off even though it's a time we don't usually allow holiday. I don't see how planning to have our staff in at the busiest time to meet customer demand is a disaster waiting to happen. V few retailers give staff off in Nov & Dec when they take 50% off sales in the last quarter of the year.

For teeth op (as opposed to skiing hol) I agreed to make exception and willingly give time off. As he asked for unpaid I was asking if I could require it to be hol (instead of unpaid leave). He didnt suggest sick leave & to be honest it didn't occur to me that it may be sickness (never had planned sickness requested before but I live & learn which I partly why I read & post on Internet forums). But if it is then I will suggest sickness to him as I'm not trying to be underhand just not ideal to give employees unpaid leave in addition to their holiday. We offer ten days sickness on full pay every year so not like we are right meanies despite many of you deciding that. Seems trying to keep a business making money to stay afloat and keep these good people in jobs is a poor attitude to have on here.

I will have to educate myself though as if I take on board this is planned sickness how does one decide which ops are sickness. When employed i had a little growth removed on NHS because it rubbed on my clothes as it near my waist I took that as holiday. My sister had a verucca removed (cut out) privately and had to keep foot elevated for 48 hours so off work - she took holiday for that. Clearly if you are rushed in to have your appendix out or you have a serious illness that requires surgery it's sickness but how does the law decide the ones in the middle? Or do employers make that call & instigate SSP?

paddedjohn

OP, since you have been good enough to allow the person in question to have a weeks holiday outside of your normal holiday time i think you have done enough, if the employee doesnt like this option then you should allow them 1 day off as paid holiday for the operation and the rest as sick leave discounting the first 2 as waiting days.

Sambucus_Nigra

If no sick form filled in or no fit note, then it would be leave

http://www.acs.org.uk/en/Advice/legal_advice/employment-law/unpaid-leave/

paddedjohn

Sambucus_Nigra wrote: »

If no sick form filled in or no fit note, then it would be leave

Unauthorised absence verses a weeks sick on your record, which is the best to avoid.

yvonne13_2

Still waiting for the OP to show me a copy of where I accused him/her of not allowing holiday.

Sambucus_Nigra

paddedjohn wrote: »

Unauthorised absence verses a weeks sick on your record, which is the best to avoid.

The OP who seems to be ignoring what I am saying, was asking about who decides what type of leave it is. I have now put a link up which should clarify the circumstances in which you would offer and should offer unpaid leave.

Otherwise we'd all be off as and when we wanted to.