Can an employer withhold holiday money?

1940sGal

Morning all,

After a bit of help regarding holiday pay rules/laws.

I am a bus driver and last Thursday i called in sick because I had suspected food poisoning. I was throwing up and feeling light headed, which is what I told my depot.

I called in later that day to say i would be back to work the next day only to be told by my manager that I couldn't return to work unless I had a form from my Dr. He said suffering from dizzy spells was a reportable illness to the DVLA. Now, I never reported as having dizzy spells, merely that i was feeling light headed. To me, they are two different things.

Anyway, so now i have to get a note from my Dr, which i've been told by my surgery the Dr's don't do before i can return to work.

The problem is (apart from not knowing if i can get that form) is our manager has said that people who report sick to work before going on annual leave will not get paid their holiday pay until they provide the depot with a dr's note.

I called in sick on the Thursday and then had Friday and Saturday to work before two weeks leave started on the Sunday. Despite telling the depot i was fit to work the friday/saturday, they wouldn't allow me to because of the above.

So my question is, can my employer legally not pay me my holiday money until i get this note from the Dr?

Sorry it's a bit drawn out. I hope you get my drift...

marliepanda

Light headed to me would imply dizzy spells, but I'm not a doctor nor a medical expert. However not sure how else I would describe as light headed

Anyway, did you not try and get an appt on the Friday? (Or Saturday, some gps near me have a sat service)

The issue is people try to extend their holidays with a bit of 'sick' and those people make managers suspicious when people are sick before holidays. Add to that an illness which makes it 'impossibleto return without a doctors note...

Just try get the note asap

sangie595

Yes, I agree. These are common terms. It is not unusual for an employer to require someone to have returned to work before being able to start holiday, and if they cannot, to provide a fit note saying that they ate fit enough to work. For the reason started, this proves that they haven't simply sloped off a few days early. It's also very common to require a fit note from day one of any illness claimed whilst on holiday.

I also agree that if you told your manager that you are feeling light headed, he correctly insisted that you should verify that this is resolved before driving. Whether they are the same thing as dizzy spells is moot - you shouldn't be driving if you are likely to be light headed either, and he had a legal duty to be satisfied that you are safe on the road.

paddedjohn

If you can't get holiday pay can you claim sick pay instead and keep the holiday for a later date?

1940sGal

The earliest i could see the Dr was today. I've spoken to him anyway and he's going to write me a note which I can pick up tomorrow. That should suffice.

I understand that people pull sickies to extend their holidays, though that wasn't the case here as i stated i was going back the day after.

I was just after the legalities of it.

Thanks anyway folks

Savvy_Sue

paddedjohn wrote: »

If you can't get holiday pay can you claim sick pay instead and keep the holiday for a later date?

Not unless you're sick ... and the GP won't write a fit note for two weeks plus if you're not sick!

paddedjohn

Savvy_Sue wrote: »

Not unless you're sick ... and the GP won't write a fit note for two weeks plus if you're not sick!

I get that but it's the OPs manager who is saying they are sick so they should back it up.

Kayalana99

Other side of coin if they consider you on sick leave rather then holiday, they would have to give you the extra holidays for another time. They can't just take them away from you without paying - but I think what they have done here is legal.