Sickness

[biggerpicture]

I'm currently off work covered by a fit note. I have holidays coming up which were booked ages ago. Can these be carried over to the next year or are they lost?

[Nomad]

https://www.jacksons-law.com/2020/12/carrying-over-holiday/

Generally, the 4 weeks basic entitlement cannot be carried forward from one leave year to the next unless the worker is prevented from taking it because of sickness absence or maternity leave. Despite being the subject of much case law in recent years, for the time being this appears to the settled position – our domestic courts have recognised that the prohibition on carrying forward leave in regulation 13(9) of the WTR must be interpreted in accordance with EU law.

basic entitlement = statutory entitlement.


https://landaulaw.co.uk/holidays/

I have outstanding holiday that I want to carry over into next year. Does my employer have to agree to this?

Your employer must allow you to carry over a maximum of 20 of your 28 days' leave entitlement if you couldn't take annual leave because you were off sick.

[Sherwoodforest]

Not fit to work,doesnt mean your not fit to take your holiday,if your holiday consists at relaxing at home,how would you not be fit for that?its down to integrity of the individual at the end of the day

[Nomad]

That does not change/effect the legal position with regard to holiday carry over.

[Sherwoodforest]

Im not saying it does,im saying if someone has a fit note it doesnt mean they cant have their holiday,if it was a booked holiday abroad or with family,id bet money they would be fit then

[oldfashionedplayer]

It actually covers in the sickness policy about that in regards to being "fit for going on holiday" etc, it says you can do stuff while off ill, as long as you know it won't make you worse.. So for simeone who is off for something say like depression and anxiety within the business, going away maybe with someone and having that time to "decompress", would benefit them more than being in work panicking etc... Everyone works under different scenarios, but yes, we'll within the rules to go on holiday while not fit to work.

[Nomad]

I'm not saying it does, I'm saying if someone has a fit note it doesn't mean they can't have their holiday, if it was a booked holiday abroad or with family, I'd bet money they would be fit then.

I did not say you did, I'm just clarifying the legal position, if somebody is off sick but feels they're able to go on holiday they can.  No body (MM included) can deny them statutory holiday entitlement 'carry over' because they felt they could go on holiday.  Its not about integrity it's a personal decision.

[kaled78]

our manager has said we no longer get paid for time off with covid if you test positive but have no symptoms,is this correct?,surely this is wrong?

[dairyfresh]

Taking from covid policy's on our tesco
A person who is asymptomatic is someone who has no Covid related symptoms, however on taking an
LFD test they find that they are in fact positive. Prior to the 11th January (6th January in Scotland), there
was a requirement for these colleagues to take a confirmatory PCR test, however, that is now no longer
the case, and anyone who has a positive LFD test should now self-isolate for up to ten days from the
date of the LFD test result.
From day five (day six in Scotland) they can take 2 further LFD tests, 24 hours apart and where 2
subsequent tests are negative, they can return to work.
Asymptomatic colleagues should provide proof of their positive LFD test. Where it is a positive LFD test
that has required them to isolate, they will need to report their LFD test result via the NHS website.
This will generate a text message and/or email, a screen shot of which will need to be provided to your
manager.
When a colleague produces evidence (the screen shot) of the positive LFD test result to their manager,
the absence will be paid as Covid related sickness, paid from day one, and where the colleague has run
out of company sick pay, their pay will be topped up.
Where a colleague has two negative LFD tests from day six that are more than 24 hours apart, but then
does not subsequently return to work, from this point onwards they will move to normal sickness
absence (paid subject to their company sick pay allowance with the normal unpaid waiting days being
applied). Colleagues may be asked to provide screen shots of their further LFD tests, and all LFD test
results should be reported via the NHS website.
Please note: from the 1stApril in England the Government will no longer provide free universal
symptomatic and asymptomatic testing for the general public.

[Chambers21]

When does a "welcome back" have to be completed by? I've now been back 5 days and they still haven't done it. Is it too late now?

[lucgeo]

A welcome back should have been done the first shift on your return.

It is to ascertain if you are fit to recommence your duties, and work out your absence % as to whether an AR is required. If so, then that must be done within the 8 day timeframe from your welcome back meeting.

Therefore, no welcome back...no AR!!

[BUY TESLA STOCK]

When does a "welcome back" have to be completed by? I've now been back 5 days and they still haven't done it. Is it too late now?

Could it be you are not welcome? 

[CN2019]

Hi I was off due to having conjunctivitis at the weekend, I called on Monday to say I would be better for work on Wednesday. Today I have a severe chest infection, the doctor has signed me off work. I called them up and they are telling me it will now be 2 occasions off sick even though I haven't been back to work. Is this right?

[oldfashionedplayer]

Should be 2 seperate reasons I guess but same sickness period 

[Doggiedoodle]

If you haven't been back and had your welcome back meeting it is only one absence. Don't let them try to tell you otherwise!

[fatlad]

When making a sick call do you have to state what is wrong with you?

[1982dave]

Well yes lol

[lucgeo]

Not necessarily...if it is a reason of high sensitivity or just that you would rather not divulge information to who ever happens to take your call, to enter it into the sick call book which is available for many to read.

Our sick call book used to be on the windowsill at the bottom of the communal staircase...if any team member was late for turning up, it was common practice for any of their team to go check the book to see if they'd phoned in sick!!

I myself once called in sick, and stated it was due to a personal matter, which i would be willing to discuss on my agreed return date with a senior manager.

You have a right to protecting your privacy and personal information, a manager should accept your reason, for discussion on your return.

[londoner83]

Agree there could well be circumstances where someone calling in sick wouldn't want to discuss their conditions with whoever picked up the phone....and it would be perfectly reasonable to discuss it with their preferred manager on their return.

[BritishRacingGreen]

 

[fatlad]

We had a colleague who called in sick due to feeling sick, high temperature etc & was told it wasn't a good enough excuse and had to come in to work.

[oldfashionedplayer]

a colleague can give any reason, its not up to the manager to judge whether a colleague is deemed fit to work, they aren't a doctor and they face a lot of potential employment tribunal issues if raised and legal problems if something happened on shift after notifying etc..

management will always aim to get you in. - you can tell them the reason or say you'll disclose it later and keep them updated, upon returning you should disclose though and that information should be kept confidential. - if you aren't feeling well, then you don't go in, if you have hurt yourself fair enough - also don't go in, if you have covid - definitely don't go in...

ignore the "you must come in" its not a requirement.. make the complaint if need be for being told to infect others / having no emotional care etc, the company would rather try to deal with that in-house before it gets made into a media frenzy and they are classed as bullies... a manager is a dime a dozen, but media storms make a huge impact on the business.

[lucgeo]

We had a colleague who called in sick due to feeling sick, high temperature etc & was told it wasn't a good enough excuse and had to come in to work.

No manager can override YOUR decision not to attend work due to YOUR illness affecting YOUR wellbeing! YOU choose to excuse YOURSELF...not them! That is the only excuse you are declaring, not for them to decide that you are making an excuse rather than excusing yourself...that is the difference between both definitions!

"It's not an excuse it's an explanation...if you don't like the answer then don't ask the question!" That was a favourite of mine 

Another was..."are you declaring me fit for work? Are you medically trained to make that decision? If so I'd like that in writing!

" I feel I must advise you I'm recording this conversation for my own recall at a later date!"

[lucgeo]

Almost forgot the most important factor...

Policy dictates you 'phone in within the set notice period to inform the duty manager that you are calling in sick. Policy does not state that you must ASK their permission, or argue your case to not attend your shift!  Policy does not dictate that your manager can override your decision and insist you attend!

You state your intention not to attend the shift...give what information you are happy to divulge then end the call.

The absence process will begin and deal with your absence on your return, that's what it's for!