Off sick over new year

[terrier]

I was sick on New Years Eve until the 7th of January. have been told by DOM that this is 7 days sick? Saturday (New Years Day) Sunday we don't work, Monday was public holiday and Tuesday was my rest day. So I reckon I was sick for 3 days (Friday, Wednesday and Thursday) Friday returned to work. Is this correct? or do they include all those other days that are either holiday/rest day/sunday etc.

[TrueBlueTerrier]

IN this case he is right Youu can only get bank holidays discounted if you ring in to say your fit before the BH happens. If you had gone sick on News Years day you might have got away with 3 days sick but as you went sick on New Years eve which was a working day and then returned 7 days later then all the days count.

However, you may be able to claim the bank holiday (s) back as they have been counted as sick rather than leave.

[terrier]

Thanks for the reply TrueBlueTerrier. If l can claim the days back(bank holiday) would this mean the Saturday and Monday? Will have to find out from my rep. Thanks

[baldrick]

IHowever, you may be able to claim the bank holiday (s) back as they have been counted as sick rather than leave.

I don't think you can - I think you only get a day in lieu for a Bank Holiday if you were on Annual Leave, not for sickness absence.

[terrier]

My argument is l wouldnt be working on sunday anyway l wouldnt be working on the monday(public holiday) and l wouldnt work my rest day.

[SexyLegs]

It counts as 7 days on your sick record, 1 continuous absence of 7 days, there is where they are clever (which doesn't happen too often!), 8 more days or 3 more absences would trigger a Stage 1 assuming your sick record was clear for a consecutive rolling year prior to New Years Eve.

Understand?

[TrueBlueTerrier]

However, you may be able to claim the bank holiday (s) back as they have been counted as sick rather than leave.

I don't think you can - I think you only get a day in lieu for a Bank Holiday if you were on Annual Leave, not for sickness absence.

I think last year there was a tribunal on this and IIRC they cannot claim sick and statutory days for the same day. Hence you get BH back in lieu if off sick. Will confirm and post shortly.

Edit: Sickness
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.

http://www.direct.gov.uk/en/Employment/ ... G_10034711" onclick="window.open(this.href);return false;

I believe that as BH form part of our entitlement then you can claim back the single Bank Holiday back. However, check with a rep first before you try just in Case I have misinterpreted it.

[terrier]

This time off with the flu has triggered a stage one that was why l was pissed off as lm unable to work on those days anyway (sunday/monday) as delivery office shut.

[terrier]

Thanks once again TrueBlueTerrier just one thing though you mention bank holiday but were'nt saturday and monday classed as public holidays, would this make a diference?

[TrueBlueTerrier]

Thanks once again TrueBlueTerrier just one thing though you mention bank holiday but were'nt saturday and monday classed as public holidays, would this make a diference?

No Saturday was a non service day - only Monday was a Bank Holiday.