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

anamenottaken

rocketqueen wrote: »

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. Do you not qualify for SSP? I know it is not a lot.

my holiday year at work ends on 18th Dec - so the year starts on 19 December (you can't have a year that misses out 19 Dec to 3 Jan) - (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. ) If you are off sick rather than holiday then the law (which they can't overrule) says you can carry forward your statutory holiday if you have not been able to use it. If you get more than statutory then they can say you can't take that forward.

Called my docs and they said I needed to self certify and they do not provide sick notes for 1st 7 days off sick. Bet they'd provide one if you paid for it! (Not that I'm suggesting you do.)

As paddedjohn has pointed out, notice has to be given by an employer if they want to cancel holiday. There is a sneaky way of doing this but they may not have thought about it.

They may be trying to rely on some term in your contract regarding holidays and sickness (written in an attempt to prevent people extending their holidays by going on sick leave immediately before or after it).

Make sure you comply with their requirements regarding notification of sickness absence - eg submitting a self-certification for the two days of your sickness (Tuesday and Wednesday) and indicate that you are fit to work on Thursday. Deliver it (or have it delivered) on Thursday.

Intoodeep

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

Why not ?, you will be entitled to SSP after 3 waiting days surely ?

Dunroamin

Will you actually want to be off on leave when you're feeling so ill?

rocketqueen

Woke up feeling just as bad this morning - really wheezy and short of breath, dizzy etc. There is no way I can go in can barely get out of bed.

So I will call manager in minute and see what he has to say.

I would get ssp, but would rather have the holiday pay as it'd be a huge drop from weeks wages to ssp in my pay at end of month. As I've never had time off before im not even sure how ssp works.

Have come to conclusion that if they wont pay me then there is little I can do about it as my health is more important then money.

jobbingmusician

My understanding of the law (which could easily be wrong) is that ANY sick leave can be chosen to be taken as holiday instead, so they are breaking the law by saying you will lose your holiday. Try googling around this subject ('right to take sick leave as holiday' is where I would start) - sorry, I'm at work so can't do any more to help ATM.

Tiddlywinks

rocketqueen wrote: »

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

You can pay for a private certificate before the seven days.

getmore4less

rocketqueen wrote: »

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.

if you can't take the statutory holidays due to being unable to work(sick/maternity) then it carries over.

cazziebo

jobbingmusician wrote: »

My understanding of the law (which could easily be wrong) is that ANY sick leave can be chosen to be taken as holiday instead, .

Only if the employer agrees.

Does the company have an absence policy?

getmore4less

cazziebo wrote: »

Only if the employer agrees.

Does the company have an absence policy?

They should not unreasonably refuse.

it is hard to make a business case for a worker that will not be working anyway.

Missme

OP how much leave have you taken since the start of the leave year and when does the leave year start/what's your entitlement?