At last an EU ruling which we can agree with?

[Nibble]

As this site has a few queries as to sick leave & annual Holidays, do you think this is a good idea, and more importantly, when will the new Law be enacted in the UK. I ask this because the FSB has requested that the Government effectively "sits" on the implementation for a period of time, to allow adjustment time for firms.

http://www.guardian.c...liday-sick-paid-leave

[Nibble]

Just for the full extract from http://www.bbc.co.uk/...world-europe-18534028

The UK's Federation of Small Businesses urged the UK government on Thursday to "avoid implementation of any ECJ ruling on annual leave and sick leave for as long as possible, given the ongoing negotiations by the social partners on the Working Time Directive".

The business group said changing UK law in this area again "would be unhelpful, confusing and add burdens for small businesses, which at this time they can ill afford".

In cases where workers fall sick towards the end of the year, and are unable to take all of their annual leave, they can under EU law carry over their unused leave into the next accounting period.

The ECJ has also ruled that the long-term sick have the right to accumulate at least a year of unused annual leave. But the ECJ says the amount is not open-ended and member states can set an upper limit.

[ubasses]

The Company I worked for always adhered to this policy, however it took the view that if you then actually went away on the holiday, the holiday leave would take presedence over the sick leave.

Fortunately I never had to take benefit of this but think it fair, it could cause problems for some small businesses.

[jomifl]

If I fall sick during my retirement can I have those days added to the end of my retirement? but to be serious, some people have boring and tedious jobs and a holiday is something that they look forward to and which goes towards making their lives worth living. So, yes people shoul be able to reclaim their holiday if it is lost because of sickness. However time lost to alcohol intoxication and STDs should be considered as part of the holiday.

[jake-the-peg]

I think there's quite a few we can agree on

Thing is governments often take the credit for good ones

Like allowing cheap airlines to run (remember what happened to Laker?)

Like stopping garages from invalidating your warranty if your car wasn't serviced at a main dealer

Like clamping down on international roaming charges by mobile phone companies

[gsr600]

Like most things it will be open to abuse -

Firstly: I would like to get paid sick leave in my current job,

Secondly: I would like to get a decent payrise to compensate for all the years I have not had 1

Most Importantly: I would like to be able to afford a Holiday away.

So i don't like the idea -
which i believe comes into effect from October this year

[237SJ]

I`m quite surprised it`s not law already. My company have always reinstated leave if anyone is sick at the same time. Years ago I did claim back 2 days leave when I was sick but I have been ill many times over the years when I`ve been on leave and I haven`t bothered. I would feel I was taking the p*ss if I claimed it back every time TBH. I suppose the ruling is a good thing but considering the state Europe is in at the moment, I`m surprised the powers that be can`t think of anything more important to do.

[hc4361]

This has been the case with many public service employers for years, such as the police and civil service.

I could employ two or maybe three people in full time capacities, but it would cost me if they were off sick, or on emergency leave, family leave, maternity leave, paternity leave, compassionate leave as I would have to use agency workers. It puts me off expanding, it really does.

[Hopkirk]

How many people are going to come back from their holiday abroad, all tanned, and say they had a nasty sniffle so should get their leave back?

[Simonelle]

"How many people are going to come back from their holiday abroad, all tanned, and say they had a nasty sniffle so should get their leave back?"

I would predict that the answer to this is NONE will succeed, as there will obviously be some requirement for the ilness to be documented to some degree.

[hc4361]

No, Simonelle, an employee self certs for up to a week, no documentation required.

[chelle7272]

Our company policy is not to let you reclaim it after the leave is taken, but if you notify that you are sick before or during your leave in the uk or have proof of illness abroad then it can be reclaimed.

[hc4361]

Your company policy will have to change to comply with the new law.