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My husband had skin cancer on his nose 2 years ago and had surgery to remove and recover the area with a skin graft. Two years later he is very unfortunate to get another skin cancer 1 inch down the nose. Not related, just very very unlucky we are told by doctor.

 

His Employers at the first one "take as long as you need its ok" and on full pay. This time, after giving them over a months notice, he was told the day before the op "you have to take sick days, of which you have (x) 4 days then the rest of any time off you take holidays, inluding next years, otherwise go on SSP.

 

How does he stand? or not ?

 

Thanks for your help

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It all depends on his contract as to his sick pay entitlement, but usually it's on a rolling 12 month period so he'd be best clarifying with the employer. Even with cancer, unfortunately there's no automatic entitlement and it's usually discretionary.

 

It's a legal grey area right now whether it's lawful for him to request to take holiday days as sick, but practically speaking I'd say if both parties agree there wouldn't be a problem. However, his employer can't force him to take annual leave if he doesn't want to and it should be carried over until the next leave year.

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