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Can you be asked/made to take holiday when off sick with Covid?

9 replies

Needanewadventure2021 · 14/10/2021 17:49

Long story short I have been signed off. Day 4 to today, 11 have been unpleasant. I have been given a doctors note but understand I can return soon if I feel able to do so.

Work won't clarify how pay works in this situation, so I'm unsure whether we get paid or not. Staff previously have been paid when positive with Covid however contracts are in the process of being changed due to business changes.

I have a feeling I will be asked to use annual leave which I have to be honest I really don't want to. I have very little a year as it is and all has to be used in the school holidays. My question is can they make you?

OP posts:
EverNapping · 14/10/2021 17:51

Your annual leave policy may allow them to require you to use annual leave if the business can't accommodate your annual leave around sickness and your leave year.

Dyrne · 14/10/2021 17:52

They can’t require you to take annual leave; but also they have no obligation to pay you more than SSP.

LIZS · 14/10/2021 17:52

If you only get ssp or osp is limited it may be financially better to use al instead.

Wellbythebloodyhell · 14/10/2021 17:54

I don't suppose they can make you but if they are altering the sickness policy meaning you'll either get no pay or ssp, they may offer it to you to ensure you don't lose out financially by which the option would be yours to choose.

Needanewadventure2021 · 14/10/2021 17:55

I don't have the AL to take. There is October half term and the Christmas holidays with teacher training days tagged on. Its all gone.

I've never ever received a contract. I always used to be paid but this year its hit and miss with some staff, some get paid when off others don't and its come out of the blue

OP posts:
Needanewadventure2021 · 14/10/2021 17:58

My remaining AL hasn't been booked yet but was discussed when I would be using it, school holidays

OP posts:
CorrBlimeyGG · 14/10/2021 18:13

You can't be forced to take AL while you are off sick. They can choose to only pay SSP if there is no contractual provision for OSP.

ivykaty44 · 14/10/2021 18:18

www.acas.org.uk/checking-sick-pay/sick-pay-and-holiday-pay

This answers your question clearly

You can’t legally be forced to take annual leave whilst sick

You can request to take annual leave whilst off sick

Needanewadventure2021 · 14/10/2021 20:05

Thank you

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