The Skiver's Charter?

Employees are entitled to accrue holiday pay while on sick leave and can carry that leave over into another year if they are too ill to take it, the European Court of Justice (ECJ) has ruled. Individuals may also be able to claim for annual leave payments dating back more than 10 years, to when the Working Time Directive was first introduced, if their sickness absence had meant they were unable to take holiday, and hadn't already claimed benefits from their employer.

The case will now return to the House of Lords in the UK for a final hearing, expected to take place later this year.

From Personnel Today

As someone who works in the veritable minefield that is Human Resources, the above news is as welcome as George W. Bush returning to the White House.

Sickness absence already costs businesses in the UK millions of pounds every year. Now there are some genuine sickness cases where people are really ill and need the support of their employer. I have been involved in numerous such cases over the years both in the private and public sector and it can be an important part of someones recovery to know not only will they have a job to return to but that their employer has support mechanisms in place which makes that employee feel valued.

On the other side of the coin are those people who - to use a Scottish HR term - are 'at it'. I used to work for a local authority and believe me sickness absence was rife - and some of it was genuine. Some people believe sickness absence is an 'entitlement' and have no qualms about 'throwing a sickie'. Had a few too many pints on a Sunday night? Ach, just take Monday off. Got two jobs and too knackered to go in tomorrow morning? Just go back under the duvet. Fancy a week in the sun but not allowed to take annual leave at short notice? Self certify for seven days - that should do it.

In my part of the world it is extraordinarily easy to get a medical certificate from a General Practitioner. Feeling a bit down? Sounds like depression - here's a line for a fortnight. Bit of a twinge in your back? Take plenty of rest - here's a line for ten days. Unable to get off your fat arse? Aye, it's a viral thing - here's a line for three weeks. If you need another just come back and see me.

So the good old European Court of Justice has now given those 'at it' even more reasons to throw a multitude of sickies. Aye, off you go - you'll get your annual leave whenever you decide to bother going back to work. Which in many long term cases is when they move on to half pay.

Times are tough for industry. Thanks to the European Court of Justice's proposed Skiver's Charter, things may get even tougher...