Sick whilst on holiday

[jw1234]

I am under the impression that if you are sick whilst on holiday, and have a doctors note to prove it, you can claim it at sick pay and take the holiday another time.

Does anyone know the legislation it falls under, google not turning up much.

[fishtank]

Does anyone know the legislation it falls under, google not turning up much.

The main ECJ judgement relating to sick absence and annual leave is HMRC vs Stringer.
The judgement specifically relating to the choice to take sick absence instead of annual leave is contained within Pereda v Madrid Movilidad.
Both relate to the Working Time Directive, which is relevant for the Working Time Regulations 1998.
Google those for some light reading.

If you just want confirmation of the rules it's here.
https://www.gov.uk/taking-sick-leave" onclick="window.open(this.href);return false;

Employees can choose to take holiday instead of sick leave. For example, because they don’t qualify for sick pay. Also, if an employee is ill just before or during their leave, they can take it as sick leave and take the missed leave at a later date.

[UnhappyGremlin]

If on A/L and fall ill, you can ring in sick and be given the days back on your leave card, usual self cert etc. apply. I know a colleague who has done this. But I think you would need to prove you were ill as RM will be sceptical that you may just be trying to claim the days back to increase your leave amount.

[Bahia Feliz]

Pereda v Madrid Movilidad.

Is this Spanish league division 2?

[coxie]

Or do nothing and next time you want a week off take it as sick, it works out the same

[Budfrog]

Or do nothing and next time you want a week off take it as sick, it works out the same

And just as soon as you are seen doing anything Ex travelling to chemist/doctors/shops or picking up the kids you get precisely what you deserve.

[coxie]

Or do nothing and next time you want a week off take it as sick, it works out the same

And just as soon as you are seen doing anything Ex travelling to chemist/doctors/shops or picking up the kids you get precisely what you deserve.

Yeah nothing because they can't do sod all about it if you're seen out and about

[fishtank]

I wouldn't do it.
Not because I'm a saint or because I would be worried about being seen but because..

a) You're subject to their sick absence contact strategy which means dull phone calls at times they think they might catch you out...which isn't my idea of a holiday.
b) You can more or less guarantee if you take a "suspect" week on the sick two weeks later you'll be genuinely and violently ill.
c) If you are unlucky enough to get to stage 3 your entire sick absence record from day 1 is up for review.

[Budfrog]

Or do nothing and next time you want a week off take it as sick, it works out the same

And just as soon as you are seen doing anything Ex travelling to chemist/doctors/shops or picking up the kids you get precisely what you deserve.

Yeah nothing because they can't do sod all about it if you're seen out and about

So no jetting off to the sun then ? may as well be at work