Court of Justice ruling on sick leave during annual leave could be a massive burden for SMEs
Cary Cooper, 27 November 2009
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3 comment's on this article.Almost two thirds (61%) of HR magazine readers approve of the EU Court of Justice ruling allowing employees who go on sick leave during annual leave to reschedule their holidays, even if this means carrying holiday into a subsequent year.
This ruling will please many employees but displease many employers, particularly in the SME sector. In principle, I can understand why HR professionals feel this is a proper and humane judgment, because an illness, in most instances, is out of the employee's control and recovery from some conditions is not exactly a holiday.
On the other hand, from a small or medium-sized employer's point of view, losing valuable ‘work time' through sick leave and then a holiday entitlement, particularly at a time when there has been so much downsizing due to the recession, is likely to put a massive burden on the remaining employees.
Many employers are already in overdrive, trying desperately to recover from a long and severe downturn, where every employee becomes critical to meeting new orders and business success.
My own view would be that in principle the Court of Justice ruling should be applied and honoured, but that employees who have had sick leave ought to take into account the circumstances in their particular organisation at the time, and ensure they take their holiday at a time that is convenient for the business and their colleagues, rather than insist on it at a time when it could adversely affect the business.
After all, we have over the years talked about the psychological contract between employer and employee. This contract should be reciprocal with employers guaranteeing certain rights and benefits but with employees showing some loyalty as well.
Cary Cooper is professor of organisational psychology and health at Lancaster University Management School
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Richard Annington - 27 November 2009
There comes a point where legislation is skewing a two way relationship in favour of one party.
Already, by comparison to colleagues in the United States, the workforce we engage within the UK enjoys much better benefits and security because of the variety of legislation enacted.
A psychological contract between employer and employee definitely exists, but regrettably, in the mind of many employees, particularly within smaller organisations, it seems to be one way in favour of the employee.
Peter Marno - 27 November 2009
This is a burden and will be difficult to manage as trust and honesty will be tested. One small 'tool' that should be available to employers is good, foolproof \(sic), absence recording as this will allow the employer to view a sickness episode in context whilst on holiday. Thereafter the employer can engage appropriately with occupational health who should help in ensuring 'fair play'.
Divya Adusumilli - 27 November 2009
A recession climate tests the strength of businesses in pandering to the health concerns of employees. It would be myopic to think that employees gain to benefit from such rulings. There is the pressure on employees to manage their benefits as well in a vulnerable market where human capital is not lacking. Employers must be bold and allow employees their right to a sick leave, as that would only mean recovery and additionally goodwill is established. The psychological contract is shared and the onus is on the employer as well as the employee to understand each other to accomodate concerns and make it a healthy relationship. It's time to build trust.
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