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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47417
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Recently I was taken ill and off work days. I became

Resolved Question:

Recently I was taken ill and off work for 2 days. I became ill on Saturday but was booked off from work on the sunday ( I normally work sunday mornings.) I was also off ill on the Monday.
I rang in in plenty of time on Monday to say I would be off sick. It didn't occur until a couple of days later that I believe if you are off sick whilst on holiday that you can have the holiday hours re-instated.
My place of work has a handbook that says you have to have a fit note fro your doctor before hours will be re-instated.
I thought that you self certificate for the first 7 days, so I asked my doctor and they confirmed that this is the case & they would not give a fit note.
Where do I stand? as the handbook is in conflict with the law . & how would I go about challenging this ?
Regards
Gill Aldridge
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What exactly do you mean by having your hours re-instated?
Customer: replied 1 year ago.
To give me back the 5 hours holiday entitlement because I was sick on the day I booked off
Expert:  Ben Jones replied 1 year ago.
There will be separate regulations that would apply here. Firstly, it is true that the first 7 days of sickness are self certified days but that is only as far as the entitlement to SSP is concerned. Therefore, legally the employer cannot ask you for a fit note in the first 7 days of absence but only in relation to paying you SSP – for any other reason they could ask you for a fit note. In terms of sickness which falls on a holiday, the European Court of Justice's decision in the case of Pereda made it clear that a worker who is incapacitated before a period of pre-arranged statutory holiday should have the right to reschedule the holiday for a later date. So you could tell the employer that under the above case law you should be allowed to reschedule your holiday as you were off sick on that day. As the resultant rescheduling will mean you are entitled to sick pay for that day, assuming you only get SSP, they cannot ask you for a fit note. However, if you were getting full pay during your sick leave, they could have a policy requiring additional evidence, such as a fit note. So if you are unable to provide one, you should still be allowed to reschedule the holiday but will only get SSP for that day. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you Ben, the information you have given me is very helpful.
I now have something to quote to our HR department which is
credible & hopefully this may help .
Thank you again.
Expert:  Ben Jones replied 1 year ago.
You are most welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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