Hi!
I took a night off sick and was wondering if I’m allowed to use this as one of my rest days.
If I remember correctly, the WTD class this as 8 hours working time, but I’m not sure if any time off sick counts towards any of the EU drivers hours regulations.
Cheers.
Neil.
I don’t see why you can’t use it as daily rest if was at least 9 hours. But obviously you would have to use it as work for WTD purposes.
Got me confused as well so hopefully someone will resolve it. Because if you took a certain amount of time as daily rest and then had a period of sickness which added up to 24 to 45 hours would this trigger a weekly rest?
A sick day counts the same as if you’d attended work that day.
Since no one takes off a “zero hours non-stat leave” day, that means it could be anything between 8 and 12 hours against your WTD aggregate.
“Stand Down” days count as zero hours though. Any firm that forces it’s drivers to go sick to GET a “stand down” day - it’ll come back and bite them in the arse, because of the way sickies count against still. 
For the purpose of the EU Drivers hours 561/2006 it is a rest period.
For the purpose of calculating the 48 hour maximum average week under the WTD it is 8 hours of work per day.
If you come in and work, and only do a six hour shift with an hour’s break - that can oddly be used to reduce hours from 8 (if you’d not turned up at all) to Five in this case…
I would consider such a shift some kind of “Partial Stand-down Day” though. 
Imagine you get to Thursday, and you’ve already done 52 hours that week for instance… You can go sick and end up on 60 hours exactly, which might impact on what you can do next week, OR you can turn up for a six hour shift, which has 2 hours of “slippage” in it in case you get stuck in traffic, OR you can turn up for an eight hour shift, and risk the wrath of VOSA should that driver end up being on the M25 when hour 60 approaches…
…or the driver could be stood down (paid extra day off) which ends their week on 52 hours.
“Non-Stat Leave” is supposedly used as a “management Tool”. Those who get 26 days holiday per year will have six days then of such “Non Stat Leave” which counts as Zero Hours - the same as a stand down day.
It will be those firms then who run their drivers ragged - who’ll find themselves obliged to use “stand down days” more often then.
Well I can’t get my head round all this ■■■■■■■■…
Can’t someone even pull a sickie now without going over his hours?
What if you get only statutory sick pay, ie. nothing for the first three days?
It’s that way to protect the driver from being forced to go sick unpaid to remain legal.
Imagine if your employer gets you to work 3x15 hour shifts, and then you’re being asked to work 3x13 hours more that same week - technically legal on a “week one” basis, but clearly going to take you over 60 hours in the same week…
You refuse to do it, and the boss gives you the choice of “Suspended pending dismissal unpaid” or “sick unpaid”.
You can’t even quit and walk straight out - because you’re required to work your notice, and you’d be in breach of contract if you don’t…
No you can not .you also are talking transport now so you are not resting you will have to count the eight hours…sorry 
Winseer:
It’s that way to protect the driver from being forced to go sick unpaid to remain legal.Imagine if your employer gets you to work 3x15 hour shifts, and then you’re being asked to work 3x13 hours more that same week - technically legal on a “week one” basis, but clearly going to take you over 60 hours in the same week…
You refuse to do it, and the boss gives you the choice of “Suspended pending dismissal unpaid” or “sick unpaid”.
You can’t even quit and walk straight out - because you’re required to work your notice, and you’d be in breach of contract if you don’t…
So what stops your employer forcing you to take it as a stand down day unpaid?
Still sounds like ■■■■■■■■ to me, adding hours you haven’t worked to your working hours.
Les Shoes:
Winseer:
It’s that way to protect the driver from being forced to go sick unpaid to remain legal.Imagine if your employer gets you to work 3x15 hour shifts, and then you’re being asked to work 3x13 hours more that same week - technically legal on a “week one” basis, but clearly going to take you over 60 hours in the same week…
You refuse to do it, and the boss gives you the choice of “Suspended pending dismissal unpaid” or “sick unpaid”.
You can’t even quit and walk straight out - because you’re required to work your notice, and you’d be in breach of contract if you don’t…So what stops your employer forcing you to take it as a stand down day unpaid? Some do. It’s like a punishment for “not managing your driving hours properly”.
Still sounds like ■■■■■■■■ to me, adding hours you haven’t worked to your working hours.
I don’t think it’s fair to have “days off” count anything against you either - but if you didn’t have it, then there would be a LOT more “unpaid holidays” being enforced upon the workforce if you think about it…
Winseer:
I don’t think it’s fair to have “days off” count anything against you either - but if you didn’t have it, then there would be a LOT more “unpaid holidays” being enforced upon the workforce if you think about it…
All the while zero hour contracts are still legal that’s effectively pointless.
Instead, we are now potentially in the situation where if we have to take a day off sick unpaid we are now unable to make up that time to maintain our wages.
At the end of the day, laid up resting in bed because you’re ill is still rest and should never be counted as work.