Has anyone successfully claimed sick while on holiday

Undervalued

Yes.

If you are too sick to be at work then you are also too sick to be on annual leave. However, it is perfectly reasonable for the employer to require proof as this is obviously open to abuse. They would almost certainly require a doctor certificate. Many employers also require this if sick leave joins directly on to annual leave.

You also have a right to "short" periods of unpaid leave to deal with an emergency situation involving somebody who normally depends on you for their care (this doesn't have to be a relative in some circumstances). However the law doesn't define "short" and it is normally taken to mean time to arrange care rather than provide it yourself for more than a day or two.

agrinnall

Takeaway_Addict wrote: »

The law meaning holidays could be turned into sick days was fairly recent so it was probably more likely your employer was being decent

You could be right, it was Cadbury's so at that time they still had a reasonably decent attitude to employees, I'm not so sure Kraft would be as generous now (if the law didn't make them).

poorlittlefish

As others have said, most employers would allow a day to sort out an emergency situation, but never four. As for being sick while on leave, you definitely should have phoned in at the time. There's no way I'd let someone reclaim annual leave if they didn't think to tell me they'd been ill until after they'd come back to work, not when they are aware of the company's policies and procedures.

getmore4less

Takeaway_Addict wrote: »

The law meaning holidays could be turned into sick days was fairly recent so it was probably more likely your employer was being decent

I thought this was WTD and confirmed over 4 years ago by ECJ case law.


http://www.xperthr.co.uk/law-reports/case/Pereda-v-Madrid-Movilidad-SA-2009-IRLR-959-ECJ/4873/

FBaby

Of course you should have followed the normal process for reporting a sickness if you want to claim it as such. You can't pick and choose when you are ill to convenience.

I didn't know you could claim sickness whilst off for years, which annoyed me because I had twice a holiday totally ruined through illnesses and promised myself that if it happened again, I would claim, but cross fingers, I haven't been ill for years now.

agrinnall

getmore4less wrote: »

I thought this was WTD and confirmed over 4 years ago by ECJ case law.


http://www.xperthr.co.uk/law-reports/case/Pereda-v-Madrid-Movilidad-SA-2009-IRLR-959-ECJ/4873/

Yes, but T_A was commenting on my post which referred to almost 30 years ago, so 4 years is recent compared to that.