Rank: Guest 
|
Posted By martinw
Folks
interesting one which I have just come across -European Court ruling saying that if on holiday and you become sick, that your employer should not count the days you were sick as holiday, and should give you corresponding extra holiday to compensate for the sick time. Some employers do this already that I know of, but what do you think?
http://www.thecqi.org/Th...k-pay-ruling-criticised/
Martin
|
|
|
|
|
|
Rank: Guest
|
Posted By George S Darmanin
What I am not sure is the definition of holidays. Does holidays mean vacancy leave or does it mean weekends and public holidays?
For the former it is only fair and here in Malta it is common practice, but for the latter? It will be fair for fair employees, but am convinced that it is a floodgate for abuse.
GS
|
|
|
|
|
|
Rank: Guest
|
Posted By martinw
George, I believe that it refers to vacation time, and as you say, the concern I read about was that it would be abused. One solution suggested was to be able to demand a doctor's certificate if there was a claim of sickness while on vacation/holiday.
|
|
|
|
|
|
Rank: Guest
|
Posted By S W
Had this problem in work recently.
I think there may be a couple of "get out" clauses for the Employer in some situations but definitely one for the HR Dept.
|
|
|
|
|
|
Rank: Guest
|
Posted By FAH
Hi Martin
This has been the case in the UK since 1985 - created in the original version of RIDDOR [NADDOR].
You'll find some of the info you need in RIDDOR 1995 [as amended - several times].
It's not just a list of things to be reported, it also defines what constitutes an "absence" and especially what a "3 Day" covers etc. Very important - most employers representatives have only very hazy understandings of the importance of these definitions!!!
Simplisticly, any absence form work that involves a work related event that has caused injury means that the injured person is not avaialble for work until pronounced able to work by a medical doctor. This means that any holiday entitlement is deferred and should be added back to be taken at another time.
The remander is in Employment law.
Frank Hallett
|
|
|
|
|
|
Rank: Guest
|
Posted By Ron Hunter
I don't think falling ill on holiday can be defined as a work-related/RIDDOR event Frank.
Martinw - do you have a link which gives an inkling as to the actual context of the ruling?
Many large employers managed to negotiate away this entitlement not so long ago. When it was an option, a medical certificate was a must.
|
|
|
|
|
|
Rank: Guest
|
Posted By Peter F.
As far as I am aware this has been the case for years. If you have already booked your annual leave and become before or during you report in as normal company procedures and then it is classed as sick not annual leave. This has been the case with every company I have worked for.
|
|
|
|
|
|
Rank: Guest
|
Posted By martinw
Ron - sorry, no further information other than it refers to a case originating in Spain. I believe the Telegraph posted a story on it but I will vote Monster Raving Loony before pasting anything from there or the Mail.
Peter - I agree, most of the employers I have worked for have an enlightened view of this also. However, the CBI(bless them) are seeing this as the end of civilisation as we know it. I am surprised that this has caused such a reaction, which is why I posted it.
|
|
|
|
|
|
Rank: Guest
|
Posted By Peter F.
Frank,
it doesn't have to be work related to claim the time back it could be that you have a cold, sore back etc. The ruling as I remember was that you cannot be sick and on holiday, but you can be on holiday when sick.
|
|
|
|
|
|
Rank: Guest
|
Posted By martinw
The interpretation from this I believe is that you do not have to work at all within a calendar year if you are long term sick, but that you still accrue holiday during that absence, which your employer is obliged to carry forward to your next annual leave entitlement or to pay you for it. Is that something which you have encountered prior to this other than in maternity leave?
|
|
|
|
|
|
Rank: Guest
|
Posted By Peter F.
Martin,
yes your right if you are long term sick you accrue holidays for that period and are entitled to take them or be paid,
|
|
|
|
|
|
Rank: Guest
|
Posted By J Knight
Rights, wrongs and legalities aside, I feel there's a simple self-interest argument for the employer here. A rested worker is easier to motivate, and all other things being equal is more effective. If they're on holiday they are getting a rest, if they're sick they probably aren't. So if they need a holiday that's what they should get. Like other posters it's something I've had with at least my last three employers, and to me it's just simple common-sense,
John
|
|
|
|
|
|
Rank: Guest
|
Posted By Peter F.
J. Knight
you'll get no arguments from me.
|
|
|
|
|
|
Rank: Guest
|
Posted By FAH
My apologies folks - I misread the original text. Speed-reading simply doesn't work for me!!!
My answer was perfectly valid - unfortunately not for the question posed.
Frank Hallett
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.