sickness just before holiday

vanbastens

Hello!

Let make clear few facts:I'm on a sick leave from yesterday ,1st nov. My contract begun 4/11/2013 and it has Company Sick Pay Scheme which says that i am full paid 1 week "after 2 years continuous service" or 2 weeks "after 3 years ...".
" A 3 day waiting period is applied to all periods of absence before any CSP that is due is paid:
So my first question is If I am eligible for 2 or 3 weeks to be fully paid? M sick leave started on 1st but I am eligible to be paid after 3 days so from 4th november which is exactly 3 years after I started my work.

Skipping this issue I have planned holidays from next monday 7th. I work different days each week so basically on the rota I am on holidays till 16th then 2 days off and then working days. I know that I have a right to change the holidays to a sick leave.B ut if I would leave it as it is,and I would like to continue my sick leave after holidays, is 3 day waiting period starting again or its being treated like continously sick leave and I am full paid from 17th as well as on holidays?

Tried to make it as clear as possible,thanks for any help

Wacatone

vanbastens wrote: »

Hello!

Let make clear few facts:I'm on a sick leave from yesterday ,1st nov. My contract begun 4/11/2013 and it has Company Sick Pay Scheme which says that i am full paid 1 week "after 2 years continuous service" or 2 weeks "after 3 years ...".
" A 3 day waiting period is applied to all periods of absence before any CSP that is due is paid:
So my first question is If I am eligible for 2 or 3 weeks to be fully paid? M sick leave started on 1st but I am eligible to be paid after 3 days so from 4th november which is exactly 3 years after I started my work.

Skipping this issue I have planned holidays from next monday 7th. I work different days each week so basically on the rota I am on holidays till 16th then 2 days off and then working days. I know that I have a right to change the holidays to a sick leave.B ut if I would leave it as it is,and I would like to continue my sick leave after holidays, is 3 day waiting period starting again or its being treated like continously sick leave and I am full paid from 17th as well as on holidays?

Tried to make it as clear as possible,thanks for any help

Basically I would say your last day sick would be the day before you return to work. I imagine the whole period would be counted as sick don't see how you can be sick have a holiday and then continue be sick. You should still be entitled to the holiday at a later date

Rosemary7391

I'm confused... surely your sick leave continues until you're well enough to work. I don't think you can chop and change like that. I'd expect an employer to be very suspicious of someone who claimed to be ill until their holiday, well for that and then ill again! If you're well enough to do whatever you've planned but not for work, I don't think you have to have it classed as holiday to do it.

sangie595

I'd say it's still one week. Your sickness occurred before the third year. More worrying, I would suggest, is the fact that you are sick before a holiday, after a holiday, but not during it? How do you know you will still be sick after your holiday? But if sick throughout, you won't be entitled to holiday pay - just whatever sick pay is in the mix. You can't be both at the same time. Technically, I can see sick leave before a holiday being "ok" to ruin into holiday - although many employers raise an eyebrow at that. But not a holiday in the middle.

I think there's more to the story you haven't explained, and I think you need to explain.

Spendless

Your employer possibly has it's own rules about this. Where I used to work you couldn't be on holiday during the middle of a sickness period. You continued on sick, but still had the annual days leave left to take once you'd returned to work.

vanbastens

My holiday was planned long time ago,i had an accident yesterday after which I won't be able to work for a few weeks. My employer is aware of my case but we didn't discuss formal things yet.Its my first time and I didn't even know about company sick scheme while I speak to him.
It's not like I want to cheat my employer,,I just want to combine my sickness and holidays to lose at least as possible,and calculate the date from when i'll be paid only SSP.
Of course if having holiday during sickness wouldn't be possible that would make things clear,but every site I checked mention about the "right " to change holidays for a sick leave not a "must"

ohreally

vanbastens wrote: »

I just want to combine my sickness and holidays to lose at least as possible

Your now on sick leave, the A/L should be cancelled. That's not to suggest that you are now unable to take arranged holiday however that's a discussion for your employer and you.

sangie595

I agree. You and your employer can come to an arrangement about such things. But technically if you at sick, you are sick. That overrides holiday. But payment wise, you may prefer holiday. If you and the employer agree that, then you may do so. But if the employer doesn't agree, then you are on sick pay.

Undervalued

sangie595 wrote: »

I agree. You and your employer can come to an arrangement about such things. But technically if you at sick, you are sick. That overrides holiday. But payment wise, you may prefer holiday. If you and the employer agree that, then you may do so. But if the employer doesn't agree, then you are on sick pay.

Yes.

This more commonly crops up if an employee is long term sick and has reached the point where company sick pay has run out. Many, perhaps most, employers will allow the employee to treat some weeks as annual leave so that they receive some pay. However it is important to understand that the employer does not have to do this.

It is important to discuss the situation with your employer and agree how your sickness and holiday will be treated.