Grassroots HR Ltd – putting you in control of your staff

The law on Employee sick leave

Following a recent case Pereda v Madrid Movilidad SA the situation relating to how an employer manages holiday for an employee who becomes sick whilst on holiday has changed.

An employee who becomes sick whilst on holiday is now entitled to delay that holiday to be taken at a later date. 

In order to stop employment law taking over and leaving your employees free to take a holiday, then declare that they were sick and take the holiday again later, you can do the following:

• Update your staff contracts and handbooks to specify the process for reporting in sick when they are on holiday – this should ask them to call in sick on the day they become ill on holiday and make it clear that failure to follow the procedure may result in them being unable to retake their holiday later on.
• Require them to provide proof of their illness in the form of a Doctors note, even if this is from a foreign Doctor or Hospital.  Alternatively, their insurer may be able to provide proof documentation.
• Require a Doctors note from the 1st day of absence – if they have to pay for this you can offer to reimburse them if it proves their illness. 
• Carry out a return to work interview on their first day back.

For further assistance on the employee holiday rights and HR and Employment Law support please call Natasha at Grassroots HR on 07736 814 552 for expert Employment Law and Human Resources advice that puts business owners back in control.

I’d love to hear your views on this situation – so, what do you think?

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