Sick note overlapping annual leave

[lunaraine]

Hi, a friend was signed off work due to work related stress. This was two days prior to her annual leave. The doctors note was for two weeks. Is she entitled to ask that her holiday be moved to another time as the two happened at the same time?

Thanks kindly.

[factor-fiction]

I don't think that's right, 10 clarionst.
I always feel it doesn't seem quite right though if the person still goes away but expects to be able to retake the holiday later

[Canary42]

It seems to be open to interpretation by the employer - and they differ.

[ubasses]

If she does not go on holiday, she will be able to claim back the time she had the certificate. However she may not be able to get a time to suit her if her employer cannot accomodate the chosen weeks. If she goes ahead with the holiday they have the right to refuse.

[lunaraine]

Thanks for your replies. I am not sure I wrote the original post clearly re-reading it. Her holiday was already booked, but she was taken to the drs 2 days before it was due to start. He signed her off work for two weeks with work related stress. So the doctors note ran into her annual leave. Which is the one that takes president? The sick leave or the annual holiday? Should the company now be adding her holiday back on to her available amount?

[Prudie]

Personally I believe the company should be giving her back the leave. Leave is for rest and relaxation which is not what you're doing when off sick. If her note is for stress then a holiday could be just what is needed so would be acceptable while signed off.

[furrypusscat]

From my recollection of working in wages department, if someone had booked annual leave and then was signed off work with a sick note, the employee was deemed to be unfit for work and therefore the leave entitlement was carried over for another time. That's how it worked when I was involved with wages and I believe still is.

[factor-fiction]

Hi lunaraine- thanks for clarifying the question, although it looks to me as if we all interpreted your initial question correctly

[lcg]

depends on your friend's contract. where i work, i would be able to take sick leave over annual leave, so would be able to take it at a later date. it entirely depends on the company's policy.

[Hopkirk]

Will she be relaxing at home, or leaving on a jet plane?

[puternut]

Can only speak from personal expierience in that whilst on leave from my job, didn't go away, I Had an accident to my wrist which meant I was actually off for 5 more weeks after my leave ended.

When I returned I was told I still had the time when the two periods overlapped to take off as annual leave

[baza]

any respectable company would honour the sick note and carry over the leave to a future date to be agreed.The employee should not do anything that might impair their recovery.

[fredkins]

I wouldn't think it appropriate for her to go on holiday whilst on the sick,if that is what you are saying.I do not know what kind of industry your friend is in but I know my employers would not be very happy if they knew that was what I was planning to do.If you are taken sick from work then you do not go on holiday!.Otherwise forget about the sick and go on holiday and recover from your stress,she has two weeks to relax and recover. But if you mean she has booked her holiday weeks and isn't going anywhere then yes she can take sick leave,and have her holidays at a later date.I might have misinterpretted what you said and if i have then I am sorry.Hope your friend gets better whatever happens.

[lunaraine]

GGive, thank you for the responses. She did not go on holiday anywhere. She works for a carehome and it is very stressful (the management), hence here work related sick leave. It is a charity/private not a government run one. They started phoning her demanding she come in to fill out forms, when her sick note ran out but strictly speaking she was still on annual leave. Her direct manager has since rescinded all responsibility from her and given it to ppl in their employ for a matter of months. So we are not sure if what she is being told is true.

So nothing, she was not jetting anywhere. Mostly suffering anxiety and stress.

[excelsior-1]

a few years ago, i fractured my arm at work three days before my holiday.

the doctor signed me off for two weeks. i still went on holidy (norfolk broads) and when i got back my boss phoned and said that he had adjusted my records so that the time away was sick leave only and that my holidy time was re-allocated.

he was a good boss

[lillylemon]

This was on the BBC news website yesterday abouth this subject

http://www.bbc.co.uk/...world-europe-18534028

[cathfromsaron]

the will friend have to clarify whether she is off sick and cancel the annual leave request, or end the sick leave and take the annual leave ...

[cathfromsaron]

it's not about whether you go anywhere on your leave, it's about accuracy ...

[reilloc]

Generally you cannot take leave whilst signed off sick. Despite what it says on various Government websites EU law makes it clear that if you are sick then you are sick; it laos makes it clear that if off on long term sick your employer cannot pay you for untaken holidays or restrict your holiday carry over (at least for the statutory 28 days inc bank holidays).
With regard to going away on holiday whilst signed off, there is no legal reason why you should not - indeed this could be part of your convalescence. It does depend a bit on why you are unable to work - sickness/diarrhoea or chronic back pain etc might suggest that travel is restricted. However, if signed off for stress then going on holiday could be a positive step towards recovery.