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Sick pay /Holiday pay

Community Veteran
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Sick pay /Holiday pay

An employment decision from Europe.
Quote
If you suffer illness for 5 days during annual leave you should be legally entitled to retake that 5 days annual leave when you return to work?

Do you agree?
As somebody who has spent all his working life working for my own limited company or self employed, sick leave and holiday entitlement are 'unknown' quantities, I'm not sure what all the fuss is about
8 REPLIES
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Re: Sick pay /Holiday pay

No I don't.
However as someone who rarely was off work sick and also rarely took their full annual holiday allowance, who am I to say.
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Re: Sick pay /Holiday pay

I was in the same situation as strat regarding taking holidays and being off sick.
However I don't quite agree with his position nor with the ruling - is that taking after Janus
My position would be that if you went off sick with a doctor's note before the start of your holiday you should be allowed to defer/cancel your holiday until you are well again. But if you are on holiday and then become ill - tough luck - you shouldn't be able to claim extra holiday for the period you are ill.
As a silly example - you go on a skiing holiday and on the second day break your leg, so by definition not available for work, should you be able to have the remainder of the booked holiday back again
Community Veteran
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Re: Sick pay /Holiday pay

I think this is opening a can of worms.  It is an extra burden on employers, especially small companies.  Some employees see sick leave as an additional entitlement to their other benefits and will take advantage of the situation.
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Re: Sick pay /Holiday pay

I think employers could provide facilities for remote working when you are sick, excepting conditions where full time rest is medically recommended/mandated. A blanket rule of automatic crediting of sick days during holidays would be wide open to abuse.
Unfortunately this would no doubt be tangled in Elfin Safety rules relating to home working.
I sometimes would stay away from the place of work while infectious with cold/flu but capable of doing some work. I don't mind working under those conditions as long as it is on a best efforts basis. However, I'm always self motivated and don't need the straight jacket of an office to perform work.
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Community Veteran
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Registered: 12-08-2007

Re: Sick pay /Holiday pay

Not all jobs can be done from home.
Community Veteran
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Re: Sick pay /Holiday pay

What's new?
20/30 years ago it was the case that if you were ill during annual leave you could get credit for it. The only stipulation was that you had to have a doctor's sick note. I'm guessing it went funny when self-certification came in.
jelv (a.k.a Spoon Whittler)
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itsme
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Re: Sick pay /Holiday pay

Quote from: Strat
No I don't.
However as someone who rarely was off work sick and also rarely took their full annual holiday allowance, who am I to say.

As the law stands now if an employee does not take 28 days holiday leave then the employer is breaking the law.
itsme
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Re: Sick pay /Holiday pay

Quote from: jelv
What's new?
20/30 years ago it was the case that if you were ill during annual leave you could get credit for it. The only stipulation was that you had to have a doctor's sick note. I'm guessing it went funny when self-certification came in.

If you worked in the public sector then it was not a problem but it was more hit and miss in the private sector hence the need for the court rulings.