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Category: European Law
Satisfied Customers: 6307
Experience:  Solicitor with 10 years experience
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I have a question regarding sickness during, or coinciding

Customer Question

Hello, I have a question regarding sickness during, or coinciding with, a holiday period. I work full time for an English company based in Gibraltar. A week ago I fell ill with a virus and was sent home shortly after coming in to work as my supervisor could see I was in a poor state. This day has been noted as a sick day for me. So far, so good.
Now, as it happens, the following two days after this sick day had been previously authorised as holidays as I had planned a long weekend off. So, Wednesday= sickday. Thursday and Friday= previously authorised holidays, and Saturday + Sunday=days off according to rota. (I work 5 days out of 7 in a week).
Naturally, I was hoping to recover during this planned time off, but the virus lingered and had me bed ridden for the whole period. As I was due in for work on the following Monday, I made an attempt to make it to the office but the illness and the fever still persisted and I called in to tell my supervisor that I was still unwell. The day after I managed to get an appointment with a GP who confirmed illness due to virus, and gave me a sick note as from that date and two days forward.
My question is now, am I able to claim those two holidays back as I was indeed ill during the whole period (including the first sick day, the following two holidays and the rota days off)?
My employer claims that as my sickness period, unfortunately enough, was interrupted by holidays, to then be continued by sickness (the same one naturally), this counts as two different sickness periods and should be treated as such, meaning I will not be able to get my holidays back and I will be penalised for falling ill too many times within a 12-month period (according to company policy). This will result in a cut in my pay followed by a capability process.
Does this sound right?
Many thanks in advance/
Kind Regards,
Submitted: 1 year ago.
Category: European Law
Expert:  taratill replied 1 year ago.

Hello Marina, my name is ***** ***** I am happy to help you today. Does your contract state that it is subject to UK employment laws? How long have you worked for the employer for?