The company i work for made me take holiday to cover for sick days after an accident. Can they do this?

Question

I had a car accident and I have a back injury resulting from this. i have had some time off work. It states in my contract that I have 65 days paid sick but I took 18 and then my boss said I had to use my holiday instead. Is this right?

Answer 1

The answer is in your contract since you have one. There are many different ways this could be structured in a contract. Maybe you have sick days that don't accrue year to year over a contract of several years, but vacation days do. For that reason, the contract may require you to use no more than 18 sicks days in any calendar year if you have vacation time. It could be something different. You could ask your boss why you are using holiday time (I assume you mean what we'd call vacation time in my part of the world). You could ready your contract to see if there is some provision for prioritizing time-off.

It's your contract, but you need to read it and understand it. You're lucky to have one. Luckier still to have a job to return to when your back is better.

And don't forget to talk to you favorite attorney about personal injury claims for that back injury and/or other damages arising out of the car accident.

Answer 2

You left out a lot of information to be able to completely answer this question. If you are in the USA, and if your company has (Ithink) 50 employees or more, then the Family Medical Leave Act should cover your time off and protect your job. However, it is unpaid time. You might also be able to use sick and/or vacation time at the same time so you get some pay, but I don't know if that is a federal requirement or just decided by the employer. If you have an Employee Guide, check it out. Is there anything that says you are not allowed to take more than 18 days of sick in a year? If not, I don't know why they would require you to use other days. I would check with a labor board wherever you are located -- either your country or state.

Answer 3

Doesn't sound right to me, sounds like they want you to take 18 days holiday so that's 18 days less than they have to pay for holidays. If you have a contract that states you have 65 days paid sick it should also list any exceptions to those 65 days, like . . after so many consecutive days of sick pay, holiday time must be used. If not, then their jacking you around and I would take a copy of your contract to them. if there are no stipulations to the sick time, then they owe it to you as sick time, not holiday time.

Answer 4

What country do you live in? In my province, my country, if the policies which I hope you have read do not state specifically that you cannot use sick time this way, then you should be able to use them. However, you cannot use them in advance. i.e. if it's 65 days for the whole contract, they are usually divided over the length of the contract. Also, does it mean that your contract might be ending? Vacation has to be taken before then and sick days are not usually paid out. Hope this is relevant.

Answer 5

I am fairly certain this is not right at all. You need to contact your local Citizens Advice Bureau and/or a lawyer for some professional advice regarding this asap and take with you a copy of your contract (also check this for any clauses regarding sick pay). If you were signed off sick or saw your doctor/hospital about this then certainly they had no right to not allow you to take sick leave. Good luck.

Answer 6

It depends on the state you live and your companies policies. I worked for the State of Texas for many years. Whenever an employee took off, human resources would try to make them us take holiday or comp time as opposed to some other time. I had a lieutenant who happened to be a good friend, that informed me that they would try to get you to use one form of accrued time over another, but it was our decision. I was not aware of that. It stated in our SOP's that no one could tell us how to use our time. They try to do that because some forms of time accrual will be lost if not used, so they try to get you to use that first. But they couldnt make you. Check with your companies SOP's.

Answer 7

if u were to take as holiday u will not b entitled 2 any more holidays u have been sick u wont get be paid the same but you are still entitled to your normal holidays ,,, it will also cause you problems in a court of law proving damages agents the other driver

Answer 8

You do not HAVE to take your holiday pay for sick days. But your employer is not required to pay you beyond whatever normal benefits they offer either.

If the accident was at someone else's fault, you will have to sue that party for the lost pay.

Answer 9

i think some company's could try this to deter those those that could think of approximately calling "sick" whilst they do no longer seem to be sick. i could think of you have a controversy on your palms in the event that they did no longer placed that for the period of your contract. in case you signed one that is. different clever i could argue it and if that doesn't artwork nicely what am i able to assert... enable's desire you do no longer fall sick! I worked in numerous places and oftentimes when I definitely have a sick day i could tell my supervisor to swap it for one among my days off so i do no longer lose any hours. take a glance at your contract in case you have one. desire you get it resolved! sturdy success!

Answer 10

No. He can't force you to use holiday time in lieu of sick time. If you must, get a note from your doctor saying when you can return to work. Also, Check with your human resources department.