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Sazascorpio

I have a weeks holiday booked from work on the 30th Oct (been booked for last two months and approved by manager), I've been signed off work till 29th with concussion.. can work cancel my holiday as I would of been off two weeks prior to my holiday? I'm not going abroad.. problem is my manager has had to cancel their holiday because I'm off sick (I'm assistant manager)

Comms69

Sazascorpio wrote: »

I have a weeks holiday booked from work on the 30th Oct (been booked for last two months and approved by manager), I've been signed off work till 29th with concussion.. can work cancel my holiday as I would of been off two weeks prior to my holiday? I'm not going abroad.. problem is my manager has had to cancel their holiday because I'm off sick (I'm assistant manager)

No, it's too short notice now.


To cancel a weeks leave, they must give 2 weeks notice.


HOWEVER will you actually be on holiday or off sick?

sangie595

Comms69 wrote: »

No, it's too short notice now.


To cancel a weeks leave, they must give 2 weeks notice.


HOWEVER will you actually be on holiday or off sick?

Not necessarily. It depends on contractual terms. Some employers will not pay holiday pay to someone who has been off sick immediately before or after sick leave. They can't cancel the leave, but they might refuse paid leave. The OP needs to check the terms of their employment.

Comms69

sangie595 wrote: »

Not necessarily. It depends on contractual terms. Some employers will not pay holiday pay to someone who has been off sick immediately before or after sick leave. They can't cancel the leave, but they might refuse paid leave. The OP needs to check the terms of their employment.

Yes sorry that's what I wanted to clarify with the OP. regarding actually being on holiday or being sick.

andrewg112

My employer will not give you holiday if you are off sick. This means that when someone comes back from 4 months sickness, they still have holiday to use by the end of the year.

Check your contract.

Comms69

andrewg112 wrote: »

My employer will not give you holiday if you are off sick. This means that when someone comes back from 4 months sickness, they still have holiday to use by the end of the year.

Check your contract.

as is the law?...

sangie595

Comms69 wrote: »

as is the law?...

Again, not necessarily. In the case of sickness, it must be made possible for the person to have at least the statutory holiday in the year, or it must be carried over. The right to carry over exists for maternity and sickness leave.

And I think you misunderstood my previous point. No, someone should not be both sick and on holiday - although we all know it happens. But some employers go a stage further - if the employee had been off sick, and then isn't sick, but does not return to work before going on holiday, then the holiday period is disallowed. The same if they are sick immediately upon the return from holiday. This is to prevent employees from "adding sick days" to their holiday. Back in the day I recall inheriting a problematic worker who always took two weeks paid holiday followed by two weeks unpaid holiday. Every year. And every year, exactly half way through he mysteriously became ill and provided a sick note from a foreign doctor. The first year I warned him that I was not stupid and wouldn't tolerate it, in advance. He did it anyway. The second year I sacked him. That dismissal was upheld by the tribunal he went to. And that's why some employers insist on the return to work inbetween a period of sickness and a period of holiday. Like many things, the rules are designed to prevent the minority of abusers, and innocent people get caught in that.

Comms69

sangie595 wrote: »

Again, not necessarily. In the case of sickness, it must be made possible for the person to have at least the statutory holiday in the year, or it must be carried over. The right to carry over exists for maternity and sickness leave.

And I think you misunderstood my previous point. No, someone should not be both sick and on holiday - although we all know it happens. But some employers go a stage further - if the employee had been off sick, and then isn't sick, but does not return to work before going on holiday, then the holiday period is disallowed. The same if they are sick immediately upon the return from holiday. This is to prevent employees from "adding sick days" to their holiday. Back in the day I recall inheriting a problematic worker who always took two weeks paid holiday followed by two weeks unpaid holiday. Every year. And every year, exactly half way through he mysteriously became ill and provided a sick note from a foreign doctor. The first year I warned him that I was not stupid and wouldn't tolerate it, in advance. He did it anyway. The second year I sacked him. That dismissal was upheld by the tribunal he went to. And that's why some employers insist on the return to work inbetween a period of sickness and a period of holiday. Like many things, the rules are designed to prevent the minority of abusers, and innocent people get caught in that.

I see what you mean now. Yes I can see how that could be abused,

Sazascorpio

Thanks everyone, basically I booked a week off a while back.. I had an accident at work last week and the doctor signed me off with concussion I'm due to return the day my holiday is booked .. I just didn't know what to do?!

sangie595

Sazascorpio wrote: »

Thanks everyone, basically I booked a week off a while back.. I had an accident at work last week and the doctor signed me off with concussion I'm due to return the day my holiday is booked .. I just didn't know what to do?!

The obvious thing would be to speak to your employer....

ohreally

Are you fit to return now?