Can annual leave be converted to sick leave?

Monife

Hi all,

I was due to take 1 annual leave day however I ended up in hospital and was off sick for a week (certified).

I asked my employer could I convert that day to sick leave and they informed me that because I was paid for my sick leave, that they are not going to do so.

Just wondering if this is above board or if I am entitled to that day's leave as I am finishing up with the company in two weeks and would have liked to take a day off.

Thanks

Stheno

From Citizens Information

Sick leave and annual leave

If you are ill during your annual leave and have a medical certificate for the days you were ill, these sick days will not be counted as annual leave days. Instead, you can use these days as annual leave at a later date.

An employer cannot require you to take annual leave for a certified period of illness. However, illness during the leave year will reduce the total number of hours worked by you and may therefore affect your entitlement to annual leave under the Organisation of Working Time Act. For information about long-term sick leave and annual leave see ‘Further information’ below.

So on that basis you are entitled to get the annual leave day back

Manach

As Stheno said. This was a European judgement from a few years back that implemented this.

daithi84

If you have a valid sick cert which overlapped any pre booked annual leave you are entitled to the annual leave being cancelled and it being put back to use at a later date.

Greenmachine

daithi84 wrote: »

If you have a valid sick cert which overlapped any pre booked annual leave you are entitled to the annual leave being cancelled and it being put back to use at a later date.

Provided of course your employer provides annual leave.

Stheno

Greenmachine wrote: »

Provided of course your employer provides annual leave.

Employers are legally required to provide annual leave

daithi84

Greenmachine wrote: »

Provided of course your employer provides annual leave.

Well unless you are working for a drug dealer your employer legally has to give you annual leave!

Monife

Thanks for the replies.

The staff handbook states the following:

"You are not normally allowed to convert holiday periods into sick leave. However, if appropriate certification can be provided then, at the discretion of the firm, such holiday periods may be deferred and sick leave taken instead for the duration of the illness."

In light of the above, I am I still entitled to this day?

Would you bother trying to get it (they can be very difficult in certain situations) or do you think they would ask me to repay sick leave?

Stheno

Monife wrote: »

Thanks for the replies.

The staff handbook states the following:

"You are not normally allowed to convert holiday periods into sick leave. However, if appropriate certification can be provided then, at the discretion of the firm, such holiday periods may be deferred and sick leave taken instead for the duration of the illness."

In light of the above, I am I still entitled to this day?

Would you bother trying to get it (they can be very difficult in certain situations) or do you think they would ask me to repay sick leave?

You are still entitled to the day.

Does your company pay you for sick leave ordinarily?

Eoin

Monife wrote: »

The staff handbook states the following:

"You are not normally allowed to convert holiday periods into sick leave. However, if appropriate certification can be provided then, at the discretion of the firm, such holiday periods may be deferred and sick leave taken instead for the duration of the illness."

In light of the above, I am I still entitled to this day?

Would you bother trying to get it (they can be very difficult in certain situations) or do you think they would ask me to repay sick leave?

That does not sound legit - you are based in Ireland, right?

From this page - emphasis in italics is mine.

Sick leave and annual leave
If you are ill during your annual leave and have a medical certificate for the days you were ill, these sick days will not be counted as annual leave days. Instead, you can use these days as annual leave at a later date.

An employer cannot require you to take annual leave for a certified period of illness. However, illness during the leave year will reduce the total number of hours worked by you and may therefore affect your entitlement to annual leave under the Organisation of Working Time Act. For information about long-term sick leave and annual leave see ‘Further information’ below.

Monife wrote:

Just wondering if this is above board or if I am entitled to that day's leave as I am finishing up with the company in two weeks and would have liked to take a day off.

If you do have leave owed to you, they could just pay you for it in your last pay check, instead of giving you the day off. This is allowed when someone is resigning. If your leave calendar runs Jan to Dec, have you checked how much leave you've accrued?

If you're entitled to sick pay as per your contract, then I doubt they can dock your pay (but seek proper legal advice if you want to be sure). If they paid your sick leave by mistake, then they can.

Monife

The company states that sick pay is at the discretion of the firm.

It was confirmed in an email to me that I cannot have the day back as I was paid for the sick leave, therefore they won't pay me fir it either.

For the days I have been out sick, I have been paid. A colleague was not paid for some of theirs however they were still on probation and were out sick for 10 days.

I don't want to challenge it if it could end negatively for me.

And I have checked how much I have. I have 1 day to use not including the one in question.

Mrs OBumble

You're leaving.

Are you depending on this place, or any of the managers in it, for a reference? I'm thinking you could do your reputation some long-term damage, for the sake of one day's pay.

Greenmachine

Stheno wrote: »

Employers are legally required to provide annual leave

Sorry that was a typo. That should have read sick leave.

Monife

I have decided it's not worth the hassle.

It just grates on me all the extra hours I put in and they couldn't give me 1 measly day back. Oh well, live and learn.

edanto

If you want to give others a warning of the type of company it is, you could post a review of them on Glass Door

Eoin

Monife wrote: »

I have decided it's not worth the hassle.

It just grates on me all the extra hours I put in and they couldn't give me 1 measly day back. Oh well, live and learn.

It sounds a bit dodgy... But at the same time, if you got full pay while sick for a week, you got a lot more than other people do.