Employment Law

[Denisdiamond]

On 14th June this year, I put in for 1 day,s annual holiday for 12th July. Unfortunately I had an accident at work , and was off work with a doctors certificate on the week that my day,s holiday fell. I have since been told by my personnel officer that I have lost that day,s holiday. Is the company allowed to do this.

[cascarelli]

No, I think you should maybe take this up with your personnel officer again. If you hadn't had a doctor's certificate then I think it might be different but as you have then I feel they should treat it as sick.

It's not 100% certain as some companies have policies on holidays and sick leave coinciding but as you have a certificate I think that should perhaps take precedence.

[scoobydooby]

Yes, the company can do this. Whether or not we think it's fair is another story. It depends on companies individual sickness policies and it cannot be taken for granted that a sick note will give you your leave back. Were your company partly to blame for the accident at work? What is your sickness record like? Lots of factors are often taken into consideration.

Recent scenario with my company (who do give back the leave).....person was signed off sick with stress for 4 weeks. Continued to take a foreign holiday (pre-booked) relaxing in the sun (how stress free can that be?). Returns from holiday and has the leave re-instated. Is that fair on other employees working for the same company? I think not!

[Denisdiamond]

Thanks to you both and,Scoobydooby, the company were fully to blame for the accident and I have a 100% attendance record since I started with them four years ago. Some company, eh ?

[cascarelli]

Hi Denisdiamond, scoobydooby is right in that it's possible that they can do this, but I still think it's worth going back and querying it. The advice I have is that it's discretionary.

[Lindylou]

As far as I am aware - you can't be on holiday and 'sick' at the same time. If you put in a sick note whilst you are on holiday then you should be allowed those days again. Speak to your Union. I really hope you are a member of the Union associated with your employment!

[Denisdiamond]

Not in any Union,unfortunately.Thanks everyone. Will keep you posted as to the outcome.