I got a sick note to go on holiday

[Marleymerm]

Last month I worked at least 40hrs of overtime when my boss kept asking me to "stay late" or "just come in a few hours at the weekend" as we had a deadline approaching. I worked it and wrote it all in my time sheet, I work in an office so we don't have clock ins or anything.

Anyway, I got paid last week and got nothing for my OT, I asked my boss who said he only asked me to stay to help, he never actually agreed to pay me for it and he was asking me to "help the company" like we all should be doing.

I thought about fighting it but people in my office are petty and those above me would probably make things difficult for me. So instead I got a sick note from my doctor for 6 weeks for stress and booked a holiday. I've been honest with my work that I've booked the holiday and said it's to help with my stress, now my boss is saying this is clearly out of spite and he'll be giving me a written warning. However if he does that he'd have to formally admit to not paying me OT. I do feel nervous after realising I actually get full pay when I thought I'd only get SSP and now I'm worried my boss is going to take it further.

I think your boss is a terrible manager. You should put in a formal complaint, as you are doing. Feel better soon.

It could do. Especially as the OP is on full pay whilst off sick. And it's not "total rubbish" it's dependent on her employer's sickness policy. In my employer's policy, if I went off sick and then went on holiday, it could get me up for a misconduct issue. Mental health issues aren't usually dealt with that way. But I would have to inform my manager that going on holiday would improve my mental health.If I was off sick with an injury and then went on a skiing holiday - that could be classed as fraud.

I definitely think OP should pursue getting paid for her time, no question.

Funny how some companies feel everyone has to work towards the company profit....forgetting that the company is making money off the back of the workers, clearly who they are not willing to consider in the same way. Good for you. You did the right thing.

I think a 6 week holiday is way overcompensating for the overtime you did. You should've talked again with your boss and negociated a deal, like maybe no payed overtime but yes to a few days of. But 6 weeks? I understand your boss is not happy.

100% agree with this 👏🏼

I do not blame you, OP. Your boss is taking liberties and clearly doesn't value your time and effort as an employee. 40 hours is a lot of OT and should be paid.
I probably wouldn't have mentioned the holiday though as it will likely make things awkward on return. I'd also look for another job during this time.
Enjoy your holiday!

This. You can take a holiday whilst off sick because it helps MH issues. Thongs have changed and employers can't expect people to be in bed.
And to those aghast by a 6 week sickness, I have a breakdown and was signed off for 8 weeks straight away. I was scared to be seen out but going to Costa was an ordeal and I had to try to leave the house and get back to normality.
I went to a wedding whilst off sick and my boss didn't raise an eyebrow.

No it isn't. You can justify it if it helps your MH.

I've said that you can do it for a mental health issue?????

All of this.

Think you need to emphasise that the holiday was to help the stress not the fact that u wanted to use it as time off for a jolly. Your boss is being more than slightly unfair in that he did not communicate clearly, probably because he wanted you to work for free. Next time , say "how will it be compensated ? Time off in lieu? Overtime?".
Perhaps point out that your boss needs to communicate more clearly and that your mental health has suffered , your family life has suffered because he did not and though you realise it was probably unintentional , this is its impact. Say that u booked the holiday not to spite him but to benefit your mental health amd that the problem is your mental health. Say sorry if necessary.

It wasn't voluntary though was it? Your employer asked you didn't offer. As for disciplinary, they have to prove you were not ill in the manner the Dr says and as it is due to stress/mental health that's near impossible to prove so they will leave themselves wide open to a tribunal

If the OP takes this to a tribunal they stand to be open to scrutiny over the title of this thread. The OP clearly states they took sick leave for the purpose of taking a holiday not took sick leave, 6 weeks at that, and within the time had a break to manage their stress. They can't backpedal and deny their actual reason now! let's look Real World here not MN!

The employer will have their solicitor and barrister on hand , the OP will have to fund their team themselves. I wonder who will come away the worse off.

It could do. Especially as the OP is on full pay whilst off sick. And it's not "total rubbish" it's dependent on her employer's sickness policy. In my employer's policy, if I went off sick and then went on holiday, it could get me up for a misconduct issue. Mental health issues aren't usually dealt with that way. But I would have to inform my manager that going on holiday would improve my mental health.If I was off sick with an injury and then went on a skiing holiday - that could be classed as fraud.*

If you went skiing whilst saying you had a physical injury it's fraud because you clearly can work! If you were a waitress and broke your leg, but went on holiday to Scotland using a wheel chair it's not fraud!

You do not need to inform your employer that you're going on holiday.

My DH was off work after an operation for six months, you think we never went away? Of course we did, but he wasn't fit for work.

If he'd gone skiing and they found out then they would've questioned things.

It's nothing to do with telling them you're going on holiday it's to do with going on a holiday that means you could be back at work.

Not saying this thread will be evidence btw- just that their actual rationale is very revealing as shown in the way they've worded the title of this thread

Why don't you use the time off to find a better job????

It's unfortunate, but I think I'd have checked that this was overtime and that I'd be paid for it, or whether the time could be taken later as TOIL. But then I work somewhere where paid OT is very rare, although I'm going to be doing an extra 4 hours pw paid OT for a while to help cover a vacancy.

I might be minded to raise this as a grievance, I think. As you'd been paid for OT before, it wouldn't be unreasonable to assume that you'd be paid for it again imo. And you've put your health at risk by doing all those extra hours, as evidenced by the FIT note you've got.

Is the working hours directive still in place, or have the Brexiteers revoked it already? If it is, it might be worth checking if those 40 extra hours took you above the 48 hours a week threshold.

Good for you! Enjoy your holiday!

There could be more to it than what OP shared. Maybe there have been times when OP could leave early for whatever reason that she didn't have to make up. It sounds like her boss only wanted her to do only a few hours more, but it is possible he felt that the project could have been done in her normal working hours.

40 hours is a lot. We have had people who spent more of their day hours talking, moaning, messing about and then working many extra hours for extra pay. This was stopped after it became a common occurrence. Maybe OP's boss is experiencing similar, hence needing to have it authorised first.

The fact OP doesn't want to take it forward is quite telling.

It really all depends on the context. Being off sick and going on holiday can be totally acceptable from a very hard working person going through a lot who needs a break from dreadful stress. It certainly is questionable when that person seemed fine the weeks before, and there is some evidence that they'd planned to do the extra hours, produced much less than what would be expected of all those extra hours, for the sole purpose of paying for that holiday.

There's no context to any of this. OP well bloody done. Enjoy your hols!!!

Might not be so 'well bloody done' if OP ends up with a warning or worse.

She was officially signed off.

For following GP's advice? How would that happen then?

Your boss can’t just give you a written warning, he has to go through the company’s disciplinary procedure and if he tries to do this while you’re off sick with stress they can get their a* sued by you for harassment/bullying. Get some advice from your Union Rep or a solicitor, you have significant rights in a disciplinary situation - to have a hearing where you can defend yourself, to have representation, to present evidence like your doctor’s note and record of all the OT you worked. Good luck!