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company sick pay - advice please

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hattster | 12:28 Thu 11th Jun 2009 | Law
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I've been on sick for a few weeks due to a bowel condition that i have had surgery to correct. Prior to me going "sick" i had booked and paid for a holiday to thailand and had the subsequent holiday form signed off by my boss. I was still off sick when the departure date arrived, i hadn't as yet had my operation and mentioned the holiday to my doctor, he stated that i would be fine to go on holiday as the surgery would be completed on my return. I spent three days on holiday but had to return home as i became increasingly more sick. I've since had surgery and am well on my way to recovery (albeit still off work). My boss came to visit me and stated that my occupational sick pay will now be stopped as i have been to a foreign country whilst absent from work, an absence supported by a GP certificate. I understand what he is trying to state but it appears that he assumes that i was off sick so that i could go on holiday, this isn't the case, had i been working i would have had the time off for the holiday as my holiday form had been signed as ok by the company!!
If i'm wrong in what i did then fine, but my question is, what should i have done in these circumstances? should i have gone back to work and then took the two weeks holiday as signed for by my employer and then gone on the sick again when i returned home, should i have not gone on the holiday altogether? any advice would be appreciated.
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I'd guess the employer's view would be that if you were too sick to work you'd be too sick to go on holiday. That would be irrespective of the nature of the illness or the destination. Your only argument would be if the trip was part of the treatment or convalescence.

I'd suggest you should have cancelled the holiday on medical grounds and claimed on your holiday insurance.

You should also have informed the employer that you would be unable to take the annual leave because you were sick. You would then be credited with those days when you returned to work.

Perhaps you could explain to your employer that you weren't clear about what you had to do because of the stress of the operation?

Anyway, hope your operation went well and you're on the mend now.

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company sick pay - advice please

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