Sick leave and 2 days off?

Workqs19

Hi

In a situation where a person works 5 days a week and gets 2 days off each week over the course of any 7 days Mon-Sun (retail) what is the situation re the following

If a person has taken 2 days continuous certified sick leave in a week, can they be asked to work the other five days? In other words, the 2 days sick leave is treated as 2 days off in that week and ths employee is expected to work the remaining 5 days in that week?

t8010789

i don’t believe so. He/she would still be entitled to two days off.

skallywag

My understanding is that any sick leave which occurs during planned paid time off does not negate the time off itself, i.e. say I take a week of vacation and am unfortunate to get sick during this period, I then lose the holidays.

In your case has the person been paid for the two days of sick leave or not?

irishgirl19

skallywag wrote:

My understanding is that any sick leave which occurs during planned paid time off does not negate the time off itself, i.e. say I take a week of vacation and am unfortunate to get sick during this period, I then lose the holidays.

If you have annual leave and get sick, you can claim this leave back once you produce a doctors cert

NuMarvel

Sick leave isn't a statutory entitlement, so it will ultimately depend on what the employment contract and the employer's policy on sick leave says.

But if an employer pays for certified sick leave, I'd be surprised if they expected employees to work back the time they missed. Otherwise, what's the point of paying for sick leave?

skallywag

irishgirl19 wrote: »

If you have annual leave and get sick, you can claim this leave back once you produce a doctors cert

Is this also the case if you are on paid sick leave, or only the case for unpaid sick leave?

OMM 0000

I tried to find a law which says this is illegal, but I cannot find anything.

Certainly it seems unreasonable.

Does your contract mention anything about sick leave?

Sinus pain

I worked in a place before that was 5 days over 7. You got your roster a week in advance. If you were sick on your rostered days you still had your days off- if you were sick on your days off you still worked your rostered hours

skallywag

Sinus pain wrote: »

I worked in a place before that was 5 days over 7. You got your roster a week in advance. If you were sick on your rostered days you still had your days off- if you were sick on your days off you still worked your rostered hours

I'm guessing that in this case though you were paid for the sick leave though, right?

Sinus pain

No we weren’t paid for sick leave unless we were over 3 days sick and the. You had to produce a doctors note. You could ask for the extra hours but they might not be there

Misguided1

If you were scheduled to be on annual leave and became sick (certified) you are entitled to claim back your annual leave. Sick pay isn't a statutory entitlement but if you're sick, you're sick.

If you were scheduled to be off (i.e. not working rather than on holiday) then there would be no issue with you working the next 5 days. Similar to a Monday - Friday worker being sick on the weekend.