We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Are people entitled to book unpaid leave to have teeth out

1567911

Comments

  • LittleMax wrote: »
    No strings works both ways ... employer can't dictate the reason for the leave either!

    Did anyone say they did?
    If you haven't got it - please don't flaunt it. TIA.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    LittleMax wrote: »
    No strings works both ways ... employer can't dictate the reason for the leave either!

    Employers can dictate when an employee takes all their holidays.

    (They cant make an employee take holiday as a substitute for sick)
    LittleMax wrote: »
    But reiterate what Easy said, it is not for the employee to know and consider SSP an option, it is for the employer to advise ...

    The employer has no obligtion to tell an employee the law.

    If an employee fails to claim sick SSP or company it it htheir problem not the employers.


    In this case the employee asked for time off unpaid the employer is perfectly entitled to say no you must use holiday there is no requirement or obligation for the employer to suggest that this may be sick.
  • LittleMax
    LittleMax Posts: 1,408 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    LittleMax wrote: »
    No strings works both ways ... employer can't dictate the reason for the leave either!
    Did anyone say they did?

    Yes - OP wanted employee to take time off for wisdom teeth as annual leave.
  • LittleMax
    LittleMax Posts: 1,408 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    LittleMax wrote: »
    No strings works both ways ... employer can't dictate the reason for the leave either!
    Employers can dictate when an employee takes all their holidays.

    Indeed they can - but I did not mention anything about when holidays can be taken
    (They cant make an employee take holiday as a substitute for sick)

    Thank you
  • LittleMax
    LittleMax Posts: 1,408 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The employer has no obligtion to tell an employee the law.

    If an employee fails to claim sick SSP or company it it htheir problem not the employers.

    In this case the employee asked for time off unpaid the employer is perfectly entitled to say no you must use holiday there is no requirement or obligation for the employer to suggest that this may be sick.

    As a line manager I would always feel morally obliged. But admittedly we all have different moral standards.

    It depends on where you draw the line between forcing, coercing and offering. Personally, I would always ensure that any of my staff know all of the options available to them so that they can make an informed choice (and so that I cannot be later accused of forcing them to take holiday).
  • LittleMax wrote: »
    Yes - OP wanted employee to take time off for wisdom teeth as annual leave.

    I think you are getting caught up in your own knicker elastic. The OP doesn't want anything. The employee made a request and the employer is giving them options. None of those include unpaid leave.
    If you haven't got it - please don't flaunt it. TIA.
  • easy
    easy Posts: 2,532 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I think you are getting caught up in your own knicker elastic. The OP doesn't want anything. The employee made a request and the employer is giving them options. None of those include unpaid leave.

    Actually, the employer isn't "giving them options". He doesn't want to allow unpaid leave, he isn't offering sick pay, so he is simply saying "take it from holiday". Or I suppose the employee can choose not to have the surgery - but if their wisdom teeth are giving them trouble, they are not going to working at their optimum when at work anyway.
    I try not to get too stressed out on the forum. I won't argue, i'll just leave a thread if you don't like what I say. :)
  • easy wrote: »
    Actually, the employer isn't "giving them options". He doesn't want to allow unpaid leave, he isn't offering sick pay, so he is simply saying "take it from holiday". Or I suppose the employee can choose not to have the surgery - but if their wisdom teeth are giving them trouble, they are not going to working at their optimum when at work anyway.

    He doesn't have to let him have unpaid leave - the employee should be able to decide whether they are taking sick leave or not, or whether to book annual leave. No employer has to offer unpaid leave. So the option is SSP or Annual leave. That's called giving the employee options.

    HTH.
    If you haven't got it - please don't flaunt it. TIA.
  • dori2o
    dori2o Posts: 8,150 Forumite
    Part of the Furniture 1,000 Posts
    edited 8 January 2013 at 7:06PM
    apples1 wrote: »
    Ok well our staff are happy, treated well and fairly and get more paid holiday than most of their friends. We have a great team and they like working with us. We took all of them for big night out with fab meal and drinks all on us the weekend before Xmas and they all get Xmas presents from us, wine on their birthday etc as well as me bending over backwards to give them specific days off for special occasions, appointments, children's school activities etc.
    Times are much tougher than when we first had the business and I'd love to JUST be Mr Nice guy but for the benefit of their jobs and mortgages as well as ours I have to balance nice and sensible.
    Regardng the quote in bold it's not possible for your employees to be getting more paid holiday that their friends considering you are giving them the Statutory Minimum of 28 days (5.6 weeks holiday).

    If I was your employee I wouldn't be offerring to save you money, I'd take the days after the operation as sickness absence. There is absolutely nothing you can do to prevent that, and unless the employee already has an unsatisfactory sickness record, no way you can dismiss them for doing so.

    The employee is willing to sacrifice a weeks pay in order to have what is quite a serious and painful proceedure carried out, and has offerred to come back early if they can.

    As for all the other guff about bottles of wine and Xmas presents, slap up meals, it's very nice, but I doubt that it is the reason people come to work.

    The other thing to consider is this. How many times have you asked people to stay an extra half hour, or come in early, give up their free time to help you out?

    These things should work 2 ways. It seems you want everything done as you say and that is that.

    I sincerely hope your employee sees sense and takes the time off as sick, as they are fully entitled to do.
    [SIZE=-1]To equate judgement and wisdom with occupation is at best . . . insulting.
    [/SIZE]
  • easy
    easy Posts: 2,532 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    He doesn't have to let him have unpaid leave - the employee should be able to decide whether they are taking sick leave or not, or whether to book annual leave. No employer has to offer unpaid leave. So the option is SSP or Annual leave. That's called giving the employee options.

    HTH.

    but originally the OP wasn't offering sick pay at all. So no options ...

    However, I have asked a contact of mine who knows more about employment law than I, who says that this should be treated as a period of sickness, and should be paid accordingly - at the very least SSP should be paid after the qualifying period, although if sick pay has been specified in the employment contract, then this should be paid.
    The employer CAN'T insist that a period of sickness is taken as holiday. That isn't legal.
    I try not to get too stressed out on the forum. I won't argue, i'll just leave a thread if you don't like what I say. :)
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.