Ive searched a bit on the internet but cant seem to find anything which 100% clarifies this question.  I tried looking for the T&C at work but quite honestly my employees intranet is utter rubbish.

If you are signed off sick whilst on annual leave are you entitled to be refunded your annual leave?  It was suggested to me by a few people that I should be entitled to it back, but I want to be sure its covered by law before I ask for it back.

The reason I ask is that recently I took off two weeks to cycle from Lands End to John OGroats.  This was planned to take ten days but on day three I crashed on the Severn bridge breaking my left hand, fracturing my left fibula, split my knee open requiring stitches and had many friction burns on both arms and legs.  I was signed off for three weeks, which meant that seven days of my annual leave were also covered by the sick note I was given by the fracture clinic at Leicester Royal Infirmary who virtually insisted I was in no state to work.

On a slightly different note.  Dave completed the epic 900 mile journey and weve now raised almost £3,900 for the prostate cancer charity.  Unfortunately I was not able to continue for the obvious reasons mentioned above, I will do it another year!

We had a blog here if anyone is interested to read about it or see some pictures of my injuries.

Well done on the raising of the money.

Im certainly not knowledgeable on anything but environmental law, but Id have thought being off sick when youre off work doesnt count? I mean, if I get the flu for a week, can I claim back my weekends? I thought sick pay etc only applies to when you would be working.

Workers who fall sick during annual leave should be allowed to take their holidays again even if it means allowing the days off to be carried over to the following year, the European Court of Justice (ECJ) has ruled.
http://www.personneltoday.com/articles/2008/02/11/44326/case-of-the-week-entitlement-to-paid-annual-leave-during-sick-leave.html

that was from a quick google...

I know a guy at the last place I worked was sick & his holidays fell between his sickness & he was allowed to rebook them

Quote from: EggtasticoWorkers who fall sick during annual leave should be allowed to take their holidays again even if it means allowing the days off to be carried over to the following year, the European Court of Justice (ECJ) has ruled.
http://www.personneltoday.com/articles/2008/02/11/44326/case-of-the-week-entitlement-to-paid-annual-leave-during-sick-leave.html

that was from a quick google...

I know a guy at the last place I worked was sick & his holidays fell between his sickness & he was allowed to rebook them

Ive just read that article and it doesnt appear to cover my case.  :shrug:

I am not sure how it doesnt cover your case, you had an accident, if you had work the next day, you wouldnt have been able to go to work.. accident/sick its all teh same, just get a self signed certificate (or doctors note) & hand it in to HR.

Employees who cannot take their holiday entitlement because of sickness, or who are sick during their holiday, must be allowed to take their holiday at some other time, the European Court of Justice (ECJ) has ruled.

The ECJ's decision follows the Stringer case earlier this year where the court ruled that an employee who could not take annual leave due to continuous sickness absence could carry their holiday entitlement over to the next holiday year under the working time directive. However, it did not tackle the issue of what happens if sickness absence coincides with planned annual leave which was the subject of the case Pereda v Madrid Movilidad SA.
http://www.brownejacobson.com/resources/bulletins/ecj_ruling-sick__annual_leave.aspx

http://www.dailymail.co.uk/news/article-1213537/Fallen-sick-leave-work-Dont-worry-claim-time-back.html

http://www.cipd.co.uk/news/_articles/staff-who-are-sick-on-holiday-can-reallocate-annual-leave.htm

In sickness and in health on holiday

The European Court of Justice (ECJ) decided that where a worker is taken ill during a period of pre-planned annual leave, annual leave must be granted to them for a different period. If, because of the employers commitments, leave cannot be taken in that year (for example, if all leave is taken during annual factory closures), it must be deferred to another year.
http://www.personneltoday.com/articles/2009/12/04/53372/illness-and-annual-leave-taking-leave-of-sickness-absence.html

If you fall sick while on holiday youre not entitled to it back.  Mainly because while some people may be genuinely sick, youd get too many sh*theads waving a self-certification when they got back from their 2 weeks in Spain.  

Quote from: BeakerIf you fall sick while on holiday youre not entitled to it back.  Mainly because while some people may be genuinely sick, youd get too many sh*theads waving a self-certification when they got back from their 2 weeks in Spain.  

erm your opinion < European Law

Quote from: EggtasticoI am not sure how it doesnt cover your case, you had an accident, if you had work the next day, you wouldnt have been able to go to work.. accident/sick its all teh same, just get a self signed certificate (or doctors note) & hand it in to HR.

Employees who cannot take their holiday entitlement because of sickness, or who are sick during their holiday, must be allowed to take their holiday at some other time, the European Court of Justice (ECJ) has ruled.

The ECJ's decision follows the Stringer case earlier this year where the court ruled that an employee who could not take annual leave due to continuous sickness absence could carry their holiday entitlement over to the next holiday year under the working time directive. However, it did not tackle the issue of what happens if sickness absence coincides with planned annual leave which was the subject of the case Pereda v Madrid Movilidad SA.
http://www.brownejacobson.com/resources/bulletins/ecj_ruling-sick__annual_leave.aspx

http://www.dailymail.co.uk/news/article-1213537/Fallen-sick-leave-work-Dont-worry-claim-time-back.html

http://www.cipd.co.uk/news/_articles/staff-who-are-sick-on-holiday-can-reallocate-annual-leave.htm

In sickness and in health on holiday

The European Court of Justice (ECJ) decided that where a worker is taken ill during a period of pre-planned annual leave, annual leave must be granted to them for a different period. If, because of the employers commitments, leave cannot be taken in that year (for example, if all leave is taken during annual factory closures), it must be deferred to another year.
http://www.personneltoday.com/articles/2009/12/04/53372/illness-and-annual-leave-taking-leave-of-sickness-absence.html

Thanks very much Egg, theyre pretty conclusive.

Quote from: Eggtastico

Quote from: BeakerIf you fall sick while on holiday youre not entitled to it back.  Mainly because while some people may be genuinely sick, youd get too many sh*theads waving a self-certification when they got back from their 2 weeks in Spain.  

erm your opinion < European Law

Quote from: Eggtastico

Quote from: BeakerIf you fall sick while on holiday youre not entitled to it back.  Mainly because while some people may be genuinely sick, youd get too many sh*theads waving a self-certification when they got back from their 2 weeks in Spain.  

erm your opinion < European Law

last time I looked was in November, and the status was that if you got sick then you werent eligible.  Also a quick check with Sister (HR Director) then yeah, you can convert it to sickness, however it has to be a sickness that means you couldnt work.  So youre going to need a doctors note.  No Doctors note = No requirement to convert.  Basically shes already verified it with her company solicitor and if someone comes out with "I Had a headache and want to convert" they can get to f**k unless they produce a proper doctors note.    

Also, if youve not got a good sickness record youre probably not going to want to do the conversion anyway.  

Youre entitled to it back. However depending on how much your boss does/doesnt like you, you might not want to push it. Morally youre taking the piss a bit as you took the 2 weeks off to do a "dangerous" sport (dangerous in quote marks).

Personally, if you like your job Id just soak it up.

Quote from: EaglePersonally, if you like your job Id just soak it up.

& for what walrus was doing & the press coverage he may have got, you would think
the company would have let him have the time for free.....

f**k soaking it up, do you think a company actually cares about you?
your nothing more than a payroll number.

Quote from: Eggtastico

Quote from: EaglePersonally, if you like your job Id just soak it up.

& for what walrus was doing & the press coverage he may have got, you would think
the company would have let him have the time for free.....

f**k soaking it up, do you think a company actually cares about you?
your nothing more than a payroll number.

A company of this size, I feel like a number.

Quote from: Walrusbonzo

Quote from: Eggtastico

Quote from: EaglePersonally, if you like your job Id just soak it up.

& for what walrus was doing & the press coverage he may have got, you would think
the company would have let him have the time for free.....

f**k soaking it up, do you think a company actually cares about you?
your nothing more than a payroll number.

A company of this size, I feel like a number.

you are not a number! you are a FREE MAN!!