| Forum Home | ||||
| PC World Chat | ||||
| Thread ID: 120117 | 2011-08-25 10:24:00 | sick or holiday pay | gradebdan (2186) | PC World Chat |
| Post ID | Timestamp | Content | User | ||
| 1226103 | 2011-08-25 10:24:00 | If I book a holiday and then become sick before hand can I claim sick pay instead of holiday pay. Has anyone had any experience of this situation.Is this a union agreement? | gradebdan (2186) | ||
| 1226104 | 2011-08-25 10:27:00 | You should be able to claim for sick leave instead of your annual leave. Not sure if this is the 'law' or something reasonable employers just follow. I've had to swap a week of annual leave for sick leave before. |
Jen (38) | ||
| 1226105 | 2011-08-25 11:36:00 | Yes, very acceptable in government departments and big corporates. Annual leave is for rest and relaxation, not being sick. I laughed at a mate when he told me he had swapped over his leave. Not sure if its law or not. What would happen if you have no sick leave left, would you want the employer to make you take sick leave without pay? |
plod (107) | ||
| 1226106 | 2011-08-25 13:02:00 | On a related note. If you become sick while on holiday and come back to work and attempt to convert the leave you took from holiday leave to sick leave, you would have to have an incredibly generous employer to allow this. It certainly didn't work with my previous employer - a government dept. I also had a colleague who got very sick and used up all his sick leave, annual leave, and maybe even long service leave while he recovered from his illness. After that it was leave without pay until he got back to work. |
AvonBill (11358) | ||
| 1226107 | 2011-08-25 19:49:00 | Anything is possible with a good boss - a manager who looks at contracts at times like this has either already got an issue with the employee or is inflexible and hasn't though through the impact on team morale for being pedantic over rules. Of course any manager will respond if they think someone is taking the piss, so being open and honest about situation is usually the best course. | Twelvevolts (5457) | ||
| 1226108 | 2011-08-25 20:51:00 | Fonterra = No, seen it before | Gobe1 (6290) | ||
| 1226109 | 2011-08-25 22:43:00 | Interesting question, and one that may well have been tested in court, but my reference works either don't show it or I am looking for it in the wrong places. I have seen this done, though much depends on the employer employee relationship and lengh of service. For example, I have seen holiday leave change to maternity leave when baby came early. The fundamental objective of paid holiday leave is to allow the employee free time for rest and recreation without financial loss, as able expressed by the old maxim "all work and no play makes Jack a dull boy". It would be arguable than an illness occurring before the employee takes leave should entitle the employee to cancel their holiday and take sick leave instead. The rationale being that going on holiday while already sick would negate the purpose and intent of holiday leave statutes. A good employer should readily agree to such an arrangement and there have been many instances of 'illness of the business' where an Employer has requested that an employee cancel their agreed leave plans and remain at work to assist the employer though a crisis of some sort, be it a plant breakdown or an emergency order. Agreeing to such a request is sensible if the employee had no fixed holiday plans, but there would be other situations such as overseas trips where the employee could not meet that request. All you can do is make the request to your employer and see what happens. If you are a good employee and he/she is any sort of decent employer they should say yes unless they has cogent reasons for refusing, which hopefully would be sympathetically explained. Cheers Billy 8-{) |
Billy T (70) | ||
| 1226110 | 2011-08-25 23:02:00 | Any decent boss would allow you to change your annual leave for sick leave, particularly when you produce a doctor's certificate backing your claim. I have had no worries with that in the past - working for Telecom - but I'm quite certain that your employer would allow you to do that based on your past performance and integrity. As long as you have been a good boy in the past I can see no reason for your employer to refuse your request. |
Roscoe (6288) | ||
| 1226111 | 2011-08-27 09:46:00 | My wife asked the initial question. I talked to HR at my part time job and a person did some searches. Apparently in the Employment Relations Act, Any scheduled holidays can be taken as sick leave if the employee falls sick before the leave starts. If an employee falls sick whilst on leave then it is up to the employer to decide what they will do. Thanks all for your input. |
gradebdan (2186) | ||
| 1 | |||||