September 16th, 2009

Beat you to it

Posted in The Job - General by 200

One of the headlines this week on the front page of the Daily Telegraph read, “Claim back holidays lost to illness, rules Europe” & quotes what it calls a ‘landmark case‘ at the European Courts of Justice.

The ruling was that an employee who is sick whilst on leave from work should be entitled to claim back the leave at a later date.

Is it just me because I thought we already had this entitlement. I’ve not used it myself but I know of colleagues who have fallen sick on a leave day & claimed it back, I have no idea how long we’ve had this entitlement but as far as I can recall it’s quite some years.

So I wondered whether this is official employment law in the UK already, whether it’s just my outfit, public sector workers or what. Surely the UK can’t be ahead of the European game?

Can anyone enlighten me?

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10 comments

  1. john says:

    Only if it is in your terms and conditions of employment.

    September 17th, 2009 at 00:18

  2. Fee says:

    What he said ^^. I only know one person who’s done it, but so far as I’m aware, it’s pretty normal to have the option.

    September 17th, 2009 at 13:48

  3. Noddy says:

    I was FORCED by the job to take my entire summer hols again a few years back when my back inconsiderately slipped a disc. They added it onto the end of my sick leave and then still took me back on half hours for two weeks and I worked in the FCR at the time – not exactly confrontational, well physically anyway. Weird, but wonderful!

    September 17th, 2009 at 14:12

  4. Tony F says:

    Ha, not if you are in the armed forces if you are sick whilst on leave, tough.. I don’t know about my current employer, I suspect, they wouldn’t be able to afford someone doing it.

    September 17th, 2009 at 16:01

  5. copper bottom says:

    my force take the ‘what about it?’ line…

    so – no…

    September 17th, 2009 at 17:21

  6. MarkUK says:

    Yep, done that in manufacturing industry (a fairly enlightened company).

    You must make the distinction though between scheduled rest days (equivalent to weekends for non-shift workers) and annual leave. The former do not get you the time back, the latter do.

    The ruling is probably something to do with the minimum holiday entitlement that MUST be taken as holiday.

    September 17th, 2009 at 21:35

  7. Blueknight says:

    One of our blokes used to convert every second of overtime into time off. He had two reasons in mind. 1. He used to go to South Africa every year and he would always have 3 or 4 weeks off in Feb.(this arrangement suited everyone, as he never took leave in the summer and he would always work the days that no one else wanted). 2. He was due to retire and he was aware that his last working day could be brought forward if he had time owing to him.
    When the overtime and leave was computerised, the system could not cater for this arrangement and he was told to tak off the 100 or so hours he had in the ‘bank’.
    ‘OK’, he said, ‘It’s January now, I’ll see you at the end of April’. ‘No’ said the SMT, but then they realised that the only way that the hours would be reduced would be if the said PC was allowed to take them off.
    So off he went, but on the first leg of the trip some sort of incident occurred on a greek car ferry which resulted in him breaking several fingers, – and going sick, – SMT had to honour the leave he had been forced to take and the sickness report and we did not see him back on duty until June.
    This was just over 10 years ago and it was well understood that you cannot be on leave and on sick leave at the same time.

    September 17th, 2009 at 22:56

  8. rafanon says:

    Sorry Tony F – HM Forces do get it back. Always have, they just don’t advertise it and squddies just assume that it’s their misfortune to get sick we just accept it and crack on.

    September 18th, 2009 at 16:54

  9. Retired Copper says:

    I served from 1957 until 1985. If you were off duty sick you could not be granted AL. You were either available for duty and thus entitled to have your Leave or you were sick.

    September 18th, 2009 at 21:36

  10. Private Sector says:

    Got say in the private sector IT it has been tough if you are sick during annual leave.

    When I worked for the NHS you could claim it back. You could even have sick days if your wife / child was sick and you needed to be at home to tend to the xbox… sorry wife or child.

    September 20th, 2009 at 18:29

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