Claiming Back Holiday Entitlement

[bellazella]

My friend has just started her annual leave, she feels very unwell and is going to the doctors later today,can she reclaim her holidays back if she asks doctor for a sickline?

[mccfluff]

if she has a fit note from the doc saying she is unable to work then yes but they don;t usually give them out unless the period of sick is over 7 days.

if itd under it really depends on your companies sick policy

[bellazella]

Thank you very much

[tonywiltshire]

The statutory holiday period for full time workers of 5 days work per week or more is 28 days per year which can include bank holidays, but rarely does, recently a European court ruled under the working time regulations that an employee if ill during their holiday could ask for the time whilst sick to be added to their holiday entitlement. This will probably be introduced in the UK later this year.

I would suggest your friend obtains a fit note from her GP for the period she was sick and asks her employers to increase her holiday entitlement.

[Buenchico]

It ALREADY applies, Tony!

Quote:
"In light of a recent European Court of Justice (ECJ) ruling, the following is applicable if you become ill during your holiday or just before you were due to take it. You can ask to convert the period of holiday concerned to sick leave and ask to take the missed annual leave at a later date.

You should follow the usual procedure for telling your employer you are ill (eg letting them know as soon as you can or providing medical certificates). If you are not sure what your normal process is check your employment contract, staff handbook, or intranet.

You may be unable to take all of your holiday entitlement within your leave year because of illness. In this case, the ECJ judgment also means you may be entitled to carry forward the entitlement you would otherwise lose to the next year."

Source:
http://www.direct.gov...dholidays/DG_10034711

Chris

[bellazella]

As always great response thanks all

[tonywiltshire]

Thanks BC may I suggest you read my posting.

[tonywiltshire]

Thanks for your comments Buenchico (Chris), the ruling was actually in Sept 2009, see Pereda v Madrid Movilidad SA, at this stage you can only ask to convert your holidays to sick leave.
Which, you will have noted, is what I suggested.