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[Robin Tetley]

This week’s ruling from the European Court of Justice, allowing employees to claim back time when they are sick while on holiday as extra leave at a later date, is unrealistic, according to the Chartered Institute of Personnel and Development (CIPD).

Ben Willmott, Senior Public Policy Adviser at the CIPD, said: “This is an extremely disturbing ruling that could be impossible for employers to manage. It may be logical for lawyers, but it is a ruling completely divorced from the real world.

“It is well-established that employers should take on some of the risk of employees being sick on work time, but it is basic common sense that employees should in turn be willing to accept the risk that they may be sick on their holidays. A holiday resort tummy bug or an ill-timed cold is an unfortunate fact of life. None of us wants one, but why should employers be forced to award employees with extra holiday in compensation?

“Even more worrying is the risk that unscrupulous employees will now potentially be able to self-certify exaggerated or fabricated sickness while on leave, and not only gain extra holiday as a result but carry it over to the next year.

“The sad fact is that nonsensical rulings like this could force good employers to review their relatively generous occupational sick pay schemes, and consider opting for Statutory Sick Pay schemes instead. If ever there was a case of the law of unintended consequences, this could be it.

“In practical terms, following this ruling, employers should at the very least clarify their absence management policies so that employees understand they will need to phone their line manager daily if they are sick while on holiday, to confirm that they are still sick and not fit for work.”

Source: workplacelaw.net

[Bob]

Who and what is the CIPD exactly?

As someone who works for a large global organisation this is great news.

They are saying it will be difficult for employers to manage?

Excuse me for saying this but boo hoo for them.

Sure some people might take the mick with it but most people wouldn't.

And people are always slagging off Europe and saying what do we get from them.

Here's one thing.

I think it's great.

[forum admin]

From the CIPD website: The CIPD is the professional body for those involved in the management and development of people.

Incidentally it stands for The Chartered Institute of Personnel and Development.

[Jonathan]

Seems fair to me. Finally we're getting something out of Europe that benefits the little man.

[Gota]

In my experience many places of work have this policy already. I don't understand why it would unfairly go against the organisation.

[Robin Tetley]

I guess the negative assumption is that people would lie as there's no way of proving that they are sick on their holidays.

[Malcolm]

People always complain when any legislation like this is passed. Assuming the world will end for hard working companies, the truth is, in my opinion, people on the whole will not take advantage of this.

[Bob]

I can think of people at my place that would try it on with this.

[Gota]

Seems good on the whole though no?

[Robin Tetley]

I guess the big question here is whether one gets paid for sick time. It's only those who do that this would benefit.

[Jonathan]

I dunno I reckon it could still be abused if you aren't paid for being sick. You're still going to be able to claw back a few holiday days even if they're unpaid ones. For some people that might be ok.

[Gota]

Though that would be unpaid leave? Anyone can ask for that pretty much anyway can't they? I don't think that would be abusing the system as the detail is the getting paid for it.