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Sickness/Annual leave question - any HR people help - bit worried...

(18 Posts)
changednametobeonthesafeside Fri 29-Aug-08 11:03:12

I have been off work this week ill.

When I rang my boss today she said that I would probably need a sick note as it was around a bank holiday and I am on leave next week.

Luckily the GP saw me first this this morning, I explained I just needed a note for Tuesday to friday of this week. He said that for 4 days you self certify and gave me a form (he refused to give me a backdated sicknote). He then asked me a few questions and asked if I wanted a note for the next 1 or 2 weeks! I said I was going on holiday next week and asked if it was legal to go on holiday if he was giving me a sick note. he said he was only concerned about my health and what I did was between me and my employer. He gave me a GP note for 1 week and has told me to go back in a week.

If I don't give my boss the proper GP note she won't have any proof I've been ill and I'm worried that if I go on holiday I could get into trouble as I'm supposed to be sick (assuming I feel well enough to go away anyway).

Can anyone help please

StealthPolarBear Fri 29-Aug-08 11:04:30

Can you not send in a copy by post (or get someone to do it for you?)
Your boss doesn't sounds very understanding!
Hope you're feeling better soon

ScaryHairy Fri 29-Aug-08 11:05:28

The sickness and holiday are separate.
You need a sick note (self certification) for the time you were off sick.
Your holiday is out of your holiday entitlement and it is none of your bosses' business whether you are sick or not when you are on holiday.

changednametobeonthesafeside Fri 29-Aug-08 11:14:37

Thanks both - believe it or not my boss is pretty nice! but follows any procedures to the dot IFKWIM.

It will be fine for me to take the sick note in when I go back after leave but for this week I only have a self cert and they wanted a proper GP note.

If I give them the proper GP sick note it is for next week when I am on holiday - if I give them the proper GP sick note and tell them I was on holiday anyway is that OK?

StealthPolarBear Fri 29-Aug-08 11:16:29

Oh I see the problem - so your GP has given you a sick note for next week.
Hmmm... do you have an HR dept? Worth giving them a call?

MascaraOHara Fri 29-Aug-08 11:21:24

don't call anybody.. self certify for last week.. take next week off under your sick note go on holiday have a wonderful time and then use your extra 5days hol for another week off later in the year..

wish I had your GP!!!

changednametobeonthesafeside Fri 29-Aug-08 11:21:35

There is an HR dept but they aren't very helpful - it took them nearly 12 months to calculate my annual leave and all they do is refer you back to you manager - I usually get better advice from flowerybeanbag and others on here.

It the first time I've been sick at this job - can't believe the hassle!! and I felt worse after seeing the GP because he wants to do some test when I go back in a week. I only thought I had a touch of food poisoning.

changednametobeonthesafeside Fri 29-Aug-08 11:24:34

LOL MascaraOHara - he is a fab GP - asks loads of questions and is very thorough - isn't usually forthcoming with sicknotes so took me by suprise when he offered me one (I must have looked like s**t)

I will go on holiday but will feel really guilty giving in the sick note if it means I get the days back - but if I don't give in the sick note they won't have proof I saw my GP.

nervousal Fri 29-Aug-08 11:24:50

What Mascara said - self certify for last week and use the Drs sick line ot take next week off sick. Perfectly legal for you to go on hols if you're sick. You might be too sick to go to work, but OK to go on hols - depending on what sick line is for of course! You wouldn't want to be going off ona golfing holiday if your line was for a broken arm..

changednametobeonthesafeside Fri 29-Aug-08 11:25:43

Is is legal to self certify for 4 days then or can they insist on a GP note?

MascaraOHara Fri 29-Aug-08 11:43:47

I think you HAVE to self certify for the first 5 days(?)

islandofsodor Fri 29-Aug-08 11:46:32

There are some instances where a company can demand a sick note for less than 5 days. The usual cases are if they pay more than SSP or if (as has happened to several teachers recently) you are sick on a day of industrial action.

PavlovtheCat Fri 29-Aug-08 11:49:16

If was off sick, and it coincided with annual leave for the second week. I had self cert'd for the first week, and had a GP cert for the second week.

I was able to claim back my annual leave as I was covered by a sick note.

It is not just legal to self cert, it is the law, that for the first 7 days (inc weekends) you need to produce a self cert.

You should do this, and provide the GP cert to your employer and then you have one more week of leave to take at another time. If you are sick, you are sick and should not use your leave entitlement.

Its none of their business whether you go away for that week, stay in bed, or laze in the garden. The GP note states you are unwell and cannot work, not do anything else.

islandofsodor Fri 29-Aug-08 11:51:15

"It is not just legal to self cert, it is the law, that for the first 7 days (inc weekends) you need to produce a self cert."

Only for Statutory Sick pay which is unpaid for the first 3 days then a minimal amount thereafter.

An employer can demand doctors cert for 1 days illness if they pay company sick pay above this rate and it is in your contract.

changednametobeonthesafeside Fri 29-Aug-08 11:56:35

Thanks everyone for your help - Just got a bit of a shock - my boss rang and asked how I was and if I'd been able to get to docs.

I explained about what notes I had and she said - "oh good that makes it simpler, I can just put you down as being sick next week - it gets as bit complicated when sick leave is mixed with annual leave". I said but you do know I'm going away - she said "yes, hope you are well enough to enjoy it, would you mind ringing when you're back to let us know if you are coming in or not"

Oh - she also said I'll be able to claim the annual leave days back! - At least I have a clear conscience and what a good result.

TheFallenMadonna Fri 29-Aug-08 11:58:21

Hurrah!

Now you just need to get better...

PavlovtheCat Fri 29-Aug-08 12:08:36

Good for you! Glad it all worked out, and hope you get well and enjoy your holiday smile

Tracyjane Wed 17-Sep-08 13:36:57

I am in a similar predicament as I am currently on two weeks' annual leave, but have been unwell with a heavy cold since Monday. I only work part-time, 3 days a week, but I would not have felt well enough to work yesterday or today, so I phoned in to explain. My manager realised there was no company policy on this, but advised that I should provide a medical certificate to cover yesterday and today, despite the fact she can hear from my voice that I am unwell! My GP says he will not issue a med. cert for less than 7 days, and that I should self certificate, but I'm not sure my employer will accept this as evidence in this instance. It looks like I may have to obtain a private medical certificate from my GP, who I can't get an appointment to see until Friday anyway, by which time I will hopefully be well and would ordinarily be fit to work if I wasn't on holiday. In normal circumstances, it would be acceptable for to phone in to say that I was unwell with a heavy cold, without having to provide a doctor's certificate, but because I am on annual leave the rules are different. The irony of the situation is that my employer is a small GP practice - so much for the 'caring' NHS!!!!!

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