off sick from work, manager doesn't believe I'm ill - saying will not pay holiday pay

rocketqueen

I am having a problem at work.

Basically I have had a cold/flu type thing since friday and as im asthmatic it has affected my asthma.

Yesterday I was due to work all day (8-8) and felt so ill I asked to go home. I was pretty much "accused" of only wanting to go home as my colleague was on annual leave (colleague is my best friend. ) But was allowed to go on condition I go in today.

Last night my asthma got really bad and I called the out of hours doc, when I saw them they diagnosed a chest infection (have antibiotics for this) and my peak flow and oxygen levels were very low so they prescribed oral steroids for this and advised me to double up my inhaler.

I still feel really ill this morning, coughing and light headed and chest killing. I'm due at work at 1 and really don't think I can go in but worried what will happen if I don't.

I'm also on annual leave from thursday (booked months ago) and I've been told if I don't return to work before leave I will not be paid for my holiday. I cant afford to lose a weeks pay.

Can I get in trouble for being ill and can they really stop my holiday pay? Before this I've only had 2 days off sick in nearly 5 years (same employer) so I'm not one to take time off.

shop-to-drop

Perhaps ask the doc for a sick note if you ring receptionist they might be able to get records of you visit last night and get the doctor to write one based on that.

notanewuser

If you're off sick right up to your annual leave then yes, they can continue treating it as sickness unless you break it by going in or providing a doctor's note (which you might have to pay for).

shop-to-drop

Are you paid or unpaid when off sick? I'd phone your boss now and discuss with them the circumstances and ask what your options are. The earlier you call the more time they have got to get cover for you.

agrinnall

If they don't pay you for the holiday because they consider you to still be off sick then you haven't taken the holiday and will be able to take it at another time. Not an immediate solution to lack of money but it does mean you won't lose the holiday.

Tiddlywinks

Phone the doctor - explain to receptionist that you need a fit note and give the dates - ask for the first day fit to be shown as first day of holiday... unless you think you will be able to return before then?

This way, the note covers the period when you are sick but then says you will be fit on x day.

It will then be for you to take up a grievance with your employer. Only you can decide if it is worth doing.

getmore4less

If they don't pay for the holiday then you have not used it.

There are only a few legitimate reasons for an employer not to allow holiday to be taken when sick so if you don't get enough pay when sick it should be an option.

notanewuser

getmore4less wrote: »

If they don't pay for the holiday then you have not used it.

There are only a few legitimate reasons for an employer not to allow holiday to be taken when sick so if you don't get enough pay when sick it should be an option.

Can you provide a link for this assertion, please?

getmore4less

notanewuser wrote: »

Can you provide a link for this assertion, please?

can you provide a link that says that is wrong

Its embedded in the Working time regs,

employers should not refuse reasonable requests to take holiday.

One reason to refuse could be that the holiday is needed to be kept for another time like a xmas/NY shut down.

paddedjohn

An employer can refuse a leave request but they must give as much notice as the amount of leave requested, eg 2 weeks notice if the leave requested was 2 weeks. In the OP's case this may be too late for the employer to cancel.

rocketqueen

Thanks everyone.

I called in and said I would not be in today - they seemed fine with it but did say again I needed to go in tomorrow or would lose my holiday pay.I dont see myself being well enough tomorrow as physical job and im so out of breath just sitting down.

I don't get paid any sick pay if off work.

my holiday year at work ends on 18th Dec (we are not allowed any holiday between 18th Dec and 3rd Jan) and we have to give at least a months notice for holiday, so if they do not let me take the holiday I will not get the chance to retake it (we are not allowed to roll holiday from one year to another. )

Called my docs and they said I needed to self certify and they do not provide sick notes for 1st 7 days off sick.