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Sick while on holiday leave

by Work Rights Expert, Rachel Lewis

question
I fell sick on the second day of my holiday. I informed my employer immediately. After I returned to work, he told me I wouldn't get my day's holiday back. His argument: everyone would then call in and extend their holidays in this way.

Is there any regulation or law which says he has to give those days back?
Many thanks, Gwen


answer
Oh, this is so unfair! But the basic position is that there is no statutory right to additional holiday if you have been ill while off sick. Unless there is anything in your contract/staff handbook to the contrary - might be worth checking. Quite often, there is some contractual provision for sick pay, provided appropriate reporting procedures are in place. You could always try getting a doctor's note for the period, so that you can show it was a genuine illness.
Good luck
Rachel

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