With the holiday season upon us most of our thoughts turn to that magical fortnight on the beach or, in any event, away from the daily grind of the office.
But what happens if an employee becomes sick whilst on holiday? The issue of holidays and sick leave running concurrently is a complicated one, so what’s the deal with sick pay while on holiday?
Much will depend on how the employer usually deals with sickness but essentially, if an employee is on sick leave s/he cannot be forced to take their holiday.
Employers will need to continue with their usual sick leave requirements of ensuring it is kept up to date as to an employee’s condition, obtaining doctors notes and/or medical evidence and generally monitoring the situation in accordance with their sickness policy.
Where an employee is genuinely sick whilst on holiday, the employer will need to pay the employee SSP rather than holiday pay, and should later allow the employee to re-schedule or take the remaining/outstanding holiday at another time.
An employee must notify the employer straight away if they become sick whilst on holiday and comply with the usual requirements as they would if they were at work and had to report in sick.
Conversely, an employee on long-term sick leave continues to accrue holiday but if the employee wishes to, s/he can take holiday whilst on sick leave. The courts have indicated this is acceptable as a holiday may be just what is needed to speed up recovery. Employees again will need to notify their employers in the usual way.
A comprehensive sickness policy will assist both employers and employees in knowing how to deal with each situation should it arise.
If you’ve had any grievances or issues regarding this subject matter or anything related to employment disputes or unfair treatment, Aston bond Solicitors are experts in their field and are able to assist your issues – Contact us on 01753 486 777