Sick/Holiday

[kirtsypoos]

Hi all,

 

I have a question which may sound stupid, but I really need some advice.

 

I was admitted to hospital with crippling stomach pains 4 weeks ago, and told I would need surgery (which is at the end of this month) but that until the surgery I would have to manage the pain with my GP.

 

I have been on vast amounts of tablets since, and finally got the pain under control a week ago. I have been signed off sick, first of all because of the pain itself, but since the pain has been under control I have been signed off due to the tablets I am now taking making me unable to concentrate long enough to have a small conversation, let alone do 8 hours work at a computer, which requires perfect accuracy. They make me feel very confused, and nauseous.

 

I booked a holiday in July, which I am due to go on next week. Having talked to my Doctor, he has suggested that I go ahead with my holiday plans, as that prior to the operation I could do with rest and relaxation as much as possible.

 

I have arranged a meeting with my employer this afternoon to discuss this, but would like some input - am I allowed to go on holiday whilst on sick leave?

 

As explained above, the pain is no longer the main issue, the effects of the tablets mean I am unable to carry out my job, and I have been put on anti-depressants due to my very low mood since I had the results from the hospital.

 

Any help would be appreciated. Thanks!

[honeybee13]

Hi there and welcome to the forum. I haven't looked yet at the Employment forum on CAG to see if you've posted there, but it might be worth asking your question there as well. Please don't copy and paste your original post or you and I will be in trouble, try to paraphrase it.

 

I'm sorry you're going through it at the moment.

 

My best, HB

[ErikaPNP]

post moved to employment forum.

 

Can't see any reason why you can't go on holiday. You're signed off as unfit for work. Being signed unfit for work does not disentitle you to a break. However you can't get SSP and annual leave paid for the same period, so just submit your MED3 as normal

[MisTaken]

Hi,

Although a new 'user' to this site, I have been reviewing sickness and holiday issues as part of an ongoing issue I have with my employer.

 

Although my situation is slightly different, there is a case called ' Pereda v Madrid Movilidad SA' which I think kind of covers your situation. Although this is an ECJ case there are implications into UK also, however each employer may take a different view on this.

 

This is referenced on many 'HR' pages, one of which quotes 'If the worker is not able to take annual leave due to sickness absence, the worker must be permitted to carry it forward to the next holiday year.'

 

It may be worth your while having a look around the internet for this case and related articles. Have a look at a few different pages as they do explain it differently depending on the website.

 

It does mean that some employers are reviewing their holiday policies and your company might be one of them.

I hope this helps.

[ErikaPNP]

Doesn't matter how new or old a user you are. Everyone has something they can bring to the forum, and everyone knows something that somebody else doesn't know, which can serve to help others. Welcome to CAG, MisTaken

[Sidewinder]

Ditto the above.

 

The doctor is the one who considers what you are fit for and what not, and sickness (or indeed other work activities depending what they are and how similar they are to your normal employment) need not be a barrier to taking a holiday - especially if it is likely to benefit your recuperation.

 

The Pereda case highlighted by MisTaken is very relevant - if you are unable to take holiday whist off sick, then this should be carried over. Also worth remembering that you continue to accrue holiday whilst sick.

[colin813]

your doctor has signed you off work due to illness/sickness for a period of time. If you were able to do any of your duties as per your contract your doctor would not have signed you off but made recomendations as per the new fit note. However you are obliged to do all you can to get back into work and indeed do nothing that would pro-long your recovery. If you decide that a holiday would benefit your recovery then why not go? if you didnt go you would only be sat at home. if your illness prevents you from taking a holiday i hope you have insurance to cover the cancellation. your employer should however remove you from holiday leave and replace the time off as sickness leave.