Sickness Absence – FAQs

Listed below are questions we are commonly asked.

I am on long-term sickness absence. My employer has requested my permission to get a medical report from my GP. Should I agree?

Your employer will want advice from your GP about your condition, how long you are likely to be away from work and to see what can be done to assist you back to work. If you refuse permission,  your employer will have to rely on its own views of the situation, when making any decisions about your future employment, which is unlikely to benefit you.

You can usually ask to see a copy of the medical report before it is supplied to your employer, so that you can check to make sure you are happy about its contents or if you want to make comments on it.

Your employer will normally want to discuss the report with you.

Disclaimer: This information is provided for general guidance and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.

My employer has terminated my employment following a lengthy period of sickness absence. My employer has said that I’m not entitled to any payment in lieu of accrued untaken holiday for the last holiday year as I was not entitled to carry it over. Is this right?

Even if your contract of employment says that there is no right to carry over accrued untaken holiday leave from one holiday year to the next, or it is silent on this point, you may still be able to be paid for your statutory minimum holiday entitlement (up to 28 days including public and bank holidays for full time workers per year).

Our employment solicitors would be happy to help you.

Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.