Sick whilst on annual leavve

[Dollie]

If you are off work on annual leave, and you end up being ill, can you claim back your annual leave and take it at a later date? I was under the impression that sickness 'trumped' annual leave, and employers had to pay you sick pay instead of holiday pay if you were sick during your leave time?

[Buenchico]

The European Court of Justice ruling, relating to sickness during holiday periods, is summarised under 'Sickness' on this page from the Directgov website:
http://www.direct.gov...dholidays/DG_10034711

Chris

[factor-fiction]

Sorry I haven't read Buenchico's post which may well answer this fully.
My expererience is that employers only consider converting holidays to sickness if it can be shown that the sickness absence started before the holiday. Certainly employers I have known would have rejected anyone's request where the person came back from Greece (say) and said they'd had food poisoning for a few days whilst in Greece so could they have those days back as sick leave.

[kinell]

employers beware

the scenario, employee books a weeks holiday and calls in sick on the first day of that week,

the employee can self-certificate that illness (which could be for the whole week),

on returning to week the following week 'feeling better', yes the employee can re-claim the offending week as paid holiday at a later date

if extra holiday in lieu is claimed for later, the employer is well advised to limit the cost of this claim by amending the paid 'sicky holiday' to statutory sick pay at the rate of £79.15 per week

[Twenty20]

Two weeks in Ibiza, too much to drink one night, phone in 'sick' the next morning and get your holiday converted into sick leave?

I think you'd only get away with this once though. I really can't imagine any sensible employee, who values their job, trying this one on.