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Taking annual leave instead of sick leave?

Employment and Discrimination Law

Taking annual leave instead of sick leave?

Postby Harmonica » Mon Apr 22, 2013 8:27 am

If you feel too sick to go to work but you don't wish to call in sick (for reasons that aren't particularly relevant) can you insist on taking it as annual leave instead? Is it purely down to the employers discretion or are there any codes of practice, rights or even legislation that can be stated to an employer to allow it?
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Re: Taking annual leave instead of sick leave?

Postby atticus » Mon Apr 22, 2013 9:01 am

Surely there are risks in this. Holiday days usually have to be agreed in advance. Not doing so may lead to disciplinary action.
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Re: Taking annual leave instead of sick leave?

Postby Harmonica » Mon Apr 22, 2013 9:27 am

I would have thought so too but a colleague of mine is adamant that there is something legal in place so that employees can do this if required. He has used it in the past and HR/Management have not taken him to task on it so either he is right or HR/Management have taken him at his word and not checked up on whether or not there is any truth to it.
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Re: Taking annual leave instead of sick leave?

Postby atticus » Mon Apr 22, 2013 9:48 am

your colleague who is so adamant: what does he say this "something legal" is?
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Re: Taking annual leave instead of sick leave?

Postby Harmonica » Mon Apr 22, 2013 10:45 am

He says he saw it in black and white on a .gov website but he can never seem to remember exactly which site this is and he doesn't actually recall the exact wording of what it says. It sounds to me like nonsense but he has been allowed to do it on a number of occasions so I was wondering if there was any truth to it.

I have looked at as many relevant .gov websites as I can find but I am unable to find it.
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Re: Taking annual leave instead of sick leave?

Postby dls » Mon Apr 22, 2013 11:24 am

No he cannot insist on annual leave in this way. It is to be taken as agreed with the employer, subject to the necessary statutory limits and the contract.
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Re: Taking annual leave instead of sick leave?

Postby stu1985 » Mon Apr 22, 2013 11:30 am

Harmonica wrote:I have looked at as many relevant .gov websites as I can find but I am unable to find it.


I think there's a reason why that is...
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Re: Taking annual leave instead of sick leave?

Postby atticus » Mon Apr 22, 2013 4:34 pm

There's more to this, of course, than we are being told.

Why should an employee want to do this?

If an employer knows that an employee is doing this, the employer should be concerned.
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Re: Taking annual leave instead of sick leave?

Postby stu1985 » Mon Apr 22, 2013 4:41 pm

I don't understand why you wouldn't want to call in sick if you actually are sick :?
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Re: Taking annual leave instead of sick leave?

Postby Harmonica » Mon Apr 22, 2013 5:58 pm

The employee in question is concerned that his sickness will trigger a disciplinary, which it may very well do.
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