Quote:
Originally posted by zoombini
Unfortunately he told them (prat!).
The flight was no problem and the holiday even helped his ear problem go away.
Unfortunately now the company are instisting he takes the holiday time as part of his holiday entitlement & I am trying to find the legal mumbo jumbo that eitther says they CAN do that or CANNOT.
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I am (reasonably) confident that if he was officially signed off sick, the company would be breaking all kinds of laws by insisting those days be docked from his holiday entitlement.
Think of it this way - once the doctor says he should not work, he is under the care of the doctor. It's up to the doc to say what is acceptable and what is not. The company is not medically competent to dictate what is acceptable behaviour for a recuperating employee. They would have the right to have your friend examined by their own company doctor but there would be little point in that now, seeing as he has recovered.
It seems the company is upset because your friend has actually taken a foreign holiday while off sick. They are drawing an artificial distinction between being signed off work and sitting in front of the TV and being signed off work and sitting on a beach.
He needs to press the issue, and if they continue to be difficult he must ask them to explain where, in his contract or in law, they derive the authority to take his holiday entitlement from him.