Sick leave deducted from Annual leave?

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  1. #1

    Join Date
    Mar 2007
    Posts
    393

    Sick leave deducted from Annual leave?

    Has anyone heard of companies deducting days you take off for sick leave (even if you had a doctor's note) from your annual leave?

    Say you have 10 days leave a year and you had 10 sick days (complete with medical certificates for each) - would the company be legally entitled to say you have no more annual leave for the year?


  2. #2

    Join Date
    Oct 2003
    Posts
    2,259

    Short answer is no, but whether you are entitled to sick pay is a little more complicated than 'having a doctor's note'.

    You can check Labour Dept regulations on the Labour Dept website which are the minimum but your employment contract may offer you more, depends on your contract.

    For example under LD regs I think sick pay is only if you are working 18 hours a week or more, only if your sickness is for 4 consecutive days or more, only if you have worked long enough to accrue the necessary sickness entitlement etc. etc. but your contract can offer more than this.

    Have you talked to your employer?


  3. #3

    We deduct sick days from our annual leave. Some people only get 15 days per year total and they can use as they please (sick, personal, vacation, etc).

    If you are sick and out of office for 4 days or more consecutively with doctor notes then it is not counted.


  4. #4

    Join Date
    Jun 2005
    Location
    Hong Kong
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    23,205

    I don't think the company can say you are not entitled to any more annual leave. What they can do (if each of the 10 days is in a spell of less than 4 days) is to not pay you for the sick days.

    The legal minimums here are quite low. I believe that most multinationals (particularly those from Europe and Aus/NZ) offer far better terms than the legal minimum; for example, neither of the ones I worked in required sick notes for occasional days off (recognising that sick notes can be bought for about $200 anyway) and would pay a reasonable number of sick days in addition to annual leave.

    Last edited by PDLM; 10-10-2011 at 12:47 PM.

  5. #5

    Join Date
    Mar 2007
    Posts
    393

    Thanks all. Thankfully it's not my employer - I was having a conversation with someone who brought up the topic and I found it very surprising!