I'm on holiday leave from work, and have just broken my ankle

492800

Deleted Thread

Galaxy1987

You can go on sick leave during your annual leave and allow the balance of annual leave to be taken another time. This was a EU ruling in 2012.

However you need to weigh up the impact this will have on your finances. Do you get paid whilst off sick or are you entitled only to SSP?

Pricivius

As Jayt1987 suggests, there is European case law to suggest that you should be allowed to re-arrange statutory annual leave where you have fallen ill during your leave period.

However, points to consider:
- this is only the case if your illness/injury would prevent you from working. i.e. a doctor would sign a fit note stating you are not fit for work. For example, if you sprain your ankle whilst skiing, it is likely that you would not be entitled to sick pay and to re-arrange the holiday as a sprained ankle would probably not prevent you from working, depending on your job. It would be helpful to get a statement of fitness for work from your doctor so you have medical evidence for your employer. Depending on how badly you have broken your ankle and the job you do, it may be the case that your doctor will not sign you off.

- As Jayt1987 points out, if you only get SSP, you will have 3 waiting days where you get nothing and then SSP for the remainder. This may not be very appealing.

- If your sick pay is contractual, you must follow the company procedures to receive it, so calling on the first day of absence, providing a fit note and continuing to keep them aware of your condition, for example.

- Obviously, you will only be able to re-arrange the days of your leave that have been affected by yor injury.

- There's an argument that suggests your employer need not allow you to re-arrange company holiday, as opposed to statutory holiday. So if you have already had your 5.6 weeks and these days were the company excess, they could stand firm and not allow you to re-arrange.

I would speak to your emoployer, and quickly if you are hoping to get company sick pay as you may already have breached the policy by not contacting them promptly enough.

Pricivius

Then it will all depend on your company's policy - when you need to report your illness/injury and what evidence they need and when. If your company allows you to self certify from now until next Wednesday, you may not need medical evidence, but it will be up to them. Maybe have a word with HR and see what they say.

Personally, I wouldn't want to spoil my sickness record, but then I'm coming up to 11 years without a day off sick!

paddedjohn

You can do it but will it be worth it? First 3 days are waiting days so the rest of this week would be unpaid

elsien

In our company you need a doctors note to reclaim annual leave if you're sick while on holiday. Self certifying won't do it - too open to abuse.

Takeaway_Addict

492800 wrote: »

Waiting days?
Oh, i would have thought it would kick in straight away. If i hadnt been on holiday, and this had happened, and told them i was unable to come to work for a week due to sickness, they would just have asked for a doctors note and that would be it. I wouldnt have had any waiting days then.. or is it different in this case?

I have emailed my boss asking what the policy is, and saying I can come back next week, but hoping they could cancel my holiday days and make them sick leave. Time will tell if its possible. I'm not going to get agro about it, but it certainly is worth trying isn't it.

The other poster was on about SSP but you have stated you get paid sick pay which I presume you meant contractual? If so then its as per your contract.

Dumyat

This has just happened to me. I phoned in sick as soon as I had the ankle fracture on holiday, more because I knew I wouldn't be able to work for weeks and my position is hard to cover. I wanted to give as much notice as possible to my manager. My employers gave me my annual leave back and I have used it to go back to work part time for a few weeks. I get paid sick leave, and my GP dated my sick line from the day of the fracture.

Will you be able to work? I know all fractures are different but I was off for twelve weeks. 6 weeks in plaster, and 6 weeks rehab.

paddedjohn

Dumyat wrote: »

This has just happened to me. I phoned in sick as soon as I had the ankle fracture on holiday, more because I knew I wouldn't be able to work for weeks and my position is hard to cover. I wanted to give as much notice as possible to my manager. My employers gave me my annual leave back and I have used it to go back to work part time for a few weeks. I get paid sick leave, and my GP dated my sick line from the day of the fracture.

Will you be able to work? I know all fractures are different but I was off for twelve weeks. 6 weeks in plaster, and 6 weeks rehab.

How can you be getting paid sick leave if you are working albeit part time?

Dumyat

I've just gone back to work after 12 weeks sick leave. I've gone back part time using annual leave. I plan to do this for a few weeks until my ankle is stronger.

paddedjohn

Reading your post it reads that you are getting sick pay and working