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sick while on holiday

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robstacz | 00:30 Mon 28th Jul 2008 | Jobs & Education
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hi, i fell and broke my wrist on friday am due to start 2 weeks holidays from monday, the doctor informed me that my sick line would mean i would still be able to take my holidays when i was recovered and back to work,
my employer said they would "look into it", i would just like to know where i stand before they get back to me
thanx
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After a decision by European Courts, referred by the House of Lords, employees cannot have annual leave whilst on sick leave.

Ainsworth v HMRC

And your paid holiday accrues whilst you are on sick leave, so you shouldn't lose your entitlement.
Good stuff Ethel - I didn't know about that case.
it may be the law,

but most employers would unofficially stash this move away in your 'virtual file',

i would 'look into it' as well and note your commitment to yourself,
Good point helpmetoo.
You might regret taking this sick leave one day if your employer were ever to take action against you because of an unsatisfactory sickness record.
The whole process of doctors' sicknotes is unsatisfactory. I sugest that someone who is well enough to go away on holiday is well enough to do something at work even if they can't do their normal job. Being off sick and then claiming the holidays back is unfair on those colleagues who have to cover for you, answer your calls, etc.
No wonder the country is on its knees!!!!

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