certified sick leave followed by annual leave

JD3

I am on certified sick-leave until Friday (8th August). I have booked time off work starting on Monday(11th August) to go out of the country, this has been booked off for a number of months. I am concerned that as my annual leave is following on directly from sick leave that I will not be paid from my annual leave. I am out of work for mental heath reasons related to work. I am not physically incapable of going into work nor physically incapable of going abroad. My doctor may certify the time booked off as sick leave but in the case they didn't could anyone clarify where I stand?

davo10

JD3 wrote: »

I am on certified sick-leave until Friday (8th August). I have booked time off work starting on Monday(11th August) to go out of the country, this has been booked off for a number of months. I am concerned that as my annual leave is following on directly from sick leave that I will not be paid from my annual leave. I am out of work for mental heath reasons related to work. I am not physically incapable of going into work nor physically incapable of going abroad. My doctor may certify the time booked off as sick leave but in the case they didn't could anyone clarify where I stand?

When your certification ends on the 8th, will you be informing your employer that you are well enough to return to work or will you be getting another cert informing your employer that you are still unwell?

Also, if you have been on long term sick leave, had you accrued enough annual leave before you went off work? Consider that certain days may have to be held for holidays, say during the Christmas period.

Gillo

If it's annual leave and you aren't certified you are entitled to be paid. From what I remember if you are certified when on annual leave, it doesn't count as annual leave and you can still take that leave at a later date- the implication being that you wouldn't be paid.

You should contact your HR department and see what they say. I would point out though that they may well be try painting a bad picture, one sick leave but fit enough to go away. I'm certainly not saying that you aren't sick but you know how people can twist things too.

JD3

I'll will be back in with my doctor on Wednesday, so I wont know yet what I will be saying to my employer. The doctor may say that I shouldn't go back to work but likewise they may say that I will be ok to return.
I haven't been on long term sick leave and haven't taken much leave this year so I will be ok for Christmas etc.

davo10

JD3 wrote: »

I'll will be back in with my doctor on Wednesday, so I wont know yet what I will be saying to my employer. The doctor may say that I shouldn't go back to work but likewise they may say that I will be ok to return.
I haven't been on long term sick leave and haven't taken much leave this year so I will be ok for Christmas etc.

If you are not certified sick from Wednesday and are able to return to work, you need to inform your employer. Note that annual leave times are at the discretion of your employer, there is a remote possibility that when you inform your employer, they may not agree to you taking leave next week.

If your Doctor says you are not well enough to return to work, then you need to forward this cert to your employer. You will not be paid while you are unable to work so payment for annual leave next week would be out but as previous poster said, your leave entitlement will still be there when you return to work (less time you were unable to accrue during period out sick).

JD3

Gillo wrote: »

If it's annual leave and you aren't certified you are entitled to be paid. From what I remember if you are certified when on annual leave, it doesn't count as annual leave and you can still take that leave at a later date- the implication being that you wouldn't be paid.

You should contact your HR department and see what they say. I would point out though that they may well be try painting a bad picture, one sick leave but fit enough to go away. I'm certainly not saying that you aren't sick but you know how people can twist things too.

Thanks Gillo, I will contact them in the morning to be sure. The reason I am out is mental health; stress and exhaustion, getting away should have me back and fighting fit, hopefully they'll be able to see the wood for the trees!

Gillo

Davo10 unless I'm reading it wrong the annual leave was granted a while back. Can the company change its mind ofvthe leave has already been approved?

holidaygirl

Where I work you can't go from annual leave directly into annual leave prior approval or not. There have been some very genuine cases hospitalisation etc but the rule was upheld. You can however switch from annual leave to duck leave if you are certified as been sick. Just check it out even a day back at work makes it ok for us.

davo10

Gillo wrote: »

Davo10 unless I'm reading it wrong the annual leave was granted a while back. Can the company change its mind ofvthe leave has already been approved?

Sorry, I missed the "couple of months" in OPs first post.

Gillo

Great name for this thread Holidaygirl!

I'm not sure what the legal side is but surely if someone books holidays in advance and they have been approved, then falls sick and is certified. Thats bad form on the company to rescind that leave. While I can see where it may well look suspicious why can't the employer send the OP to a different doctor (at their expense I'd add) to have them assessed.

Having had trouble in the past with annual leave (not due to illness) I always make sure my employer email me confirmation of the leave approval.

Stheno

Gillo wrote: »

Great name for this thread Holidaygirl!

I'm not sure what the legal side is but surely if someone books holidays in advance and they have been approved, then falls sick and is certified. Thats bad form on the company to rescind that leave. While I can see where it may well look suspicious why can't the employer send the OP to a different doctor (at their expense I'd add) to have them assessed.

Having had trouble in the past with annual leave (not due to illness) I always make sure my employer email me confirmation of the leave approval.

OP needs to get confirmation from their doctor that they are no longer unfit to work, otherwise the Al stands as AL

It does look bad imo to go from sick leave to AL

harney

In one of my previous companies annual leave could not be unapproved, once approved. It all depends on your company.

holidaygirl

Yeah it seems strange but it's a semi state organisation and my brother in law in a different semi state company has the same stipulation. As far as I recall my sister in one of the banks has the same.

My username once reflected me better than it does since the arrival of my two beauties! Hopefully some day again it will apply.

Gillo

I'm just thinking OP books and pays for holiday which he can still go on and may well help him or her (with the change of scene), why should they be at a financial loss?
At the same time, I fully recognise that there is potential to take the pi$$ with sic leave to effectively "top up" annual leave.

OP, you won't get the right answer here only advice, talk to you doctor on Wednesday and your employer after that.