Hi all, I feel like I'm having a moment here and need some advice. 

I have an employee who sustained an injury on a tuesday, they took time off work as sick leave for the rest of the week 5 days in total). The following monday they had pre booked annual leave for a week and then returned the week after as normal. 

How do I go about classifying whether the AL was sickness or AL (since the employee took their leave as scheduled) we did not call or ask during the AL how they were getting on.. 

Do I take all leave as sickness until being told otherwise? Do we implement a process to follow up before an employee leaves for AL whether they are taking time off as sickness?

I know normally riddor includes weekends, just not sure about AL.

If they succeded in enjoying their annual leave it is just that.

If they spent the time laid up for example with a sprained ankle then it is sick leave.

If your workforce is on the ball they will know that curtailed leave can be converted to a sickness record enabling them to have the holiday time again.

You need to ask the employee - even if they travelled could they do everything they intended?

Hi hardworkingdude.

There are two issues here:

1. RIDDOR

2. Whether annual leave should perhaps be reclassified as sick leave.

So....

1. Apply exactly the same thought process as you would for a weekend. How many consecutive days OTHER than the day of the accident before the employee was fit to carry out their "normal duties"?

If the answer is "over 7" then the fact that they were sunning themselves in Greece or Blackpool is immaterial.

As has been written, needs a discussion with the employee who has been injured.

2. This is an issue of the employee's contract of employment and will depend heavily on the rules in the contract for sickness absences and associated payments (or reduced or no payments).