Do long-term sick employees accrue holiday?   

Government launch of new "Fitness Desk Aid" for GPs   

Do long-term sick employees accrue holiday?

Since November 23 1999 under the Working Time Regulations workers have been entitled to receive four weeks' annual paid leave. However, until recently the question of whether a long-term sick employee should continue to accrue holiday has been ambiguous.

Recently, Kigass Aero v Brown EAT 2002 the Employment Appeals Tribunal ruled that workers do continue to accrue entitlement to paid holiday during long-term sick leave. Therefore even when an employee has exhausted their entitlement to contractual sick-pay and has been paid the full 28 weeks of Statutory Sick Pay, he/she will still be entitled to the full four weeks' paid holiday per annum.

This decision effectively makes it impossible to keep long-term sick employees "on the books" at no cost, and makes it even more important that employers ensure that they manage long-term sick employees effectively.

If you need assistance with a long-term sickness case or would like more information contact Lina Hogg on 01473 890037.

Government launch of new "Fitness Desk Aid" for GPs

Work and Pensions Minister Nick Brown has launched a new desk aid for doctors to help them in their role of advising patients on fitness for work.

Nick Brown said:

"GPs are in a good position to help and encourage patients so that they keep working in their current job or, wherever possible, retrain for another job. Doctors have asked us to provide key guidance material in an easily accessible form to support their everyday clinical work in advising patients on fitness for work. This desk aid will help them to make sure their patients get the right advice for their condition."

It contains the rules and background information about sickness certification and report writing and guides GP's to give their patients accurate and timely advice.

The Fitness Desk Aid provides guidance on:

• The limitations that the patients illness will have in relation tothe type of tasks they perform on the job
• Possible reasonable adjustments that can be made in the work placein order to speed up the return to work and act as preventative measures for the future,
• The fact that it might be in the patients best interests to return to work if at all possible
• Clinical management of long term conditions that need to bemonitored, e.g. migraines, back pain.

The guide emphasises that the doctor is responsible, to the patient and in writing the report, for the clinical management of the atient's condition. It continues:

You should always bear in mind that a patient may not be well served in the longer term by medical advice to refrain from work, if more appropriate clinical management would allow them to stay in work or return to work."

It is, however, unclear how effective this guide will be.

The information in this newsletter is of a general nature and is not a substitute for professional advice. You are recommended to obtain specific professional advice before you take any action.

For further information, advice or assistance on any of the matters raised in this newsletter please contact Picasso HR on 01473 890037.

Copyright Picasso HR Ltd 2002-2010. Registered in England No 4173777

Email Martin to unsubscribe from this newsletter      Privacy policy.