Colleague off sick for five weeks. Has Doctors note. Is currently in Ibiza.

bJN

bJN

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No thats what happens if you come down sick while on holiday. The first bit of your link covers the situation perfectly



So yes while you are off sick you can request and take holidays but you get holiday pay and it comes off your allowance.

You can't (and shouldn't) just go on holiday while off sick.
So to just flip this scenario slightly - if you had prebooked holiday and had the leave approved some time before being signed off as sick, what then? Surely at that point you would stay on sick pay; but perhaps only if said sickness have prevented you from 'enjoying' the holiday. Not entirely sure what metric could be used to define that though...
 
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So to just flip this scenario slightly - if you had prebooked holiday and had the leave approved some time before being signed off as sick, what then? Surely at that point you would stay on sick pay; but perhaps only if said sickness have prevented you from 'enjoying' the holiday. Not entirely sure what metric could be used to define that though...

It's no different surely. You're either too sick to go on holiday, so you don't go cancel your holiday leave and stay on SSP or you are well enough to go on holiday, you go your SSP is paused and resumed once back if you're still not well enough to return to work.
 
Soldato
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Not all illnesses are visible, would you be this against it if he was in Ibiza but with a cast on for a broken leg or on crutches?

We had a similar case but the person was recovering from cancer treatment. Well enough to be taken on a stress free holiday but not to be put back into the throws of work life.

It probably sucks but if what he is doing is against company policy then let them deal with it.
 
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So yes while you are off sick you can request and take holidays but you get holiday pay and it comes off your allowance.

You can't (and shouldn't) just go on holiday while off sick.

Nope, you're adding in things that aren't there. It doesn't say you can't go on holiday i.e. fly to Ibiza etc.. it just says you can request holidays (i.e. paid time off) when signed off sick.

This might be useful if your holidays are paid at your full daily rate but sick pay is paid at statutory rates or you don't qualify for it for whatever reason, of perhaps if you can't roll over your (additional/non-statutory) holiday days - in that case, you'd obviously request those days to be used up while you're off sick. Whether you're actually going on a "holiday" is irrelevant and I think that's what you're perhaps conflating here.

https://www.gov.uk/taking-sick-leave
An employee can ask to take their paid holiday for the time they’re off work sick. They might do this if they do not qualify for sick pay, for example. Any rules relating to sick leave will still apply.

Also if under normal circumstances you take holiday and you are sick when using that paid time off then those days where you were sick can be counted as sick leave instead of holiday days.

And again in that scenario whether you're actually on a "holiday" as in flying overseas or going somewhere else in the UK etc.. or not isn't relevant, you could be taking time off to do some DIY at home for example and then fall ill and end up calling in sick.

Here is an employment solicitor basically saying there isn't much the employer can do unless it is obviously unreasonable:

https://www.sherrardslaw.com/going-holiday-whilst-off-sick/

I suspect if they're off for stress then the GP might have even suggested a holiday - I've certainly had a GP offer to sign me off for a couple of weeks and suggest I take a holiday a few years ago - I declined and just took annual leave but the option was there if I'd wanted it and I guess if you're in a salaried role with no variable pay then there is perhaps less to lose out on by simply taking the sick pay.
 
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Soldato
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At my work
. If off on annual leave and got cold or self isolating- they won’t cancel your leave.
. If on long term sick and got annual leave during the time, then they can put annual leave allowance back into your balance. Though if this is towards end of annual leave year (mid March to mid March) - they probably keep the annual leave as annual leave
 
Caporegime
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He didn’t have any holiday time pre-booked, AFAIK it’s something he recently organised, although I’m unsure if he was fly and cancelled his holidays. The team is small enough we track who is off on a spreadsheet.
 

A2Z

A2Z

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OP you sound very jealous, and tbh a ****. As mentioned it has nothing to do with you, mind your own business.

If you need to pick up more work then surely that means you get more hours and more overtime pay, which is a good thing.
 
Caporegime
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Did you all miss the part where I said
How angry should I be? Queen wasp through letterbox while adopting boxing stance? He’s swanning about having a grand time while on the sick, without using his holiday time

I’m unsure if I should be angry, ambivalent, not bothered etc

While it does bother me, as I think it would most people, I’m well aware it’s none of my business. My boss is quite unhappy about it though. I’ll send him the ACAS link.

OP you sound very jealous, and tbh a ****. As mentioned it has nothing to do with you, mind your own business.

If you need to pick up more work then surely that means you get more hours and more overtime pay, which is a good thing.
I more hours, there is overtime available if we want it. Part of his bonus is based on his tickets and how quickly he turns orders around. We’re keeping his bonus intact and good. We’re busy normally but not nose to the grindstone busy. When he’s been off and others are taking holidays then we need to knuckle down and we all get a bit stressed out leaving work to be added to the next days which is busy enough as it is.
 
Man of Honour
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I think the main problem here is that it doesn't sound like he's overly liked anyway, if it was another team member it probably wouldn't bother anyone.
 
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