claiming back annual leave owed during sick leave

[pinza]

My question is if you are sick and your A/L falls in that period of S/L , you obviously get your A/L back because you can't be off sick & on A/L at the same time. But when you claim it back are you allowed to book any time you want, even if the leave period is full for that week. This being because you missed out on your original A/L choice. I sure this is the case, I have heard of it happening. But perhaps this IS or WAS a local agreement.

[woofwoof]

My question is if you are sick and your A/L falls in that period of S/L , you obviously get your A/L back because you can't be off sick & on A/L at the same time. But when you claim it back are you allowed to book any time you want, even if the leave period is full for that week. This being because you missed out on your original A/L choice. I sure this is the case, I have heard of it happening. But perhaps this IS or WAS a local agreement.

they have to give you it before april or you lose it

[TrueBlueTerrier]

My question is if you are sick and your A/L falls in that period of S/L , you obviously get your A/L back because you can't be off sick & on A/L at the same time. But when you claim it back are you allowed to book any time you want, even if the leave period is full for that week. This being because you missed out on your original A/L choice. I sure this is the case, I have heard of it happening. But perhaps this IS or WAS a local agreement.

No you cannot insist it be booked for a certain time, but you can ask..The request must be handled in the same way as all normal annual leave requests. In that you can ask and must give a certain notice period when you want it and they must also give you a certain amount of notice if they refuse it.

The governments own website says: http://www.direct.gov.uk/en/Employment/ ... G_10034711" onclick="window.open(this.href);return false;

If you want to take holiday
You must give your employer advance notice that you want to take holiday. This notice should be at least twice as long as the amount of holiday you want to take. For example, you should give two weeks' notice for one week's holiday.
Your employer can refuse permission for your holiday as long as they give you notice which is at least as long as the holiday requested. So to refuse a request for a week's leave, they would have to tell you a week in advance.

TBH from an overall office view I think it would be unfair that because you were sick, even if not your fault in any way, you insisted taking the leave if slots were not available. This would mean that those working that week would have to cover your work with 1 less member of staff - how would you feel about it, if you were not the one taking the leave.

This IMO is one case where Spocks quote applies. "The needs of the many outweigh the needs of the few, or one"

Sorry if that's not the answer you were hoping for.

[pinza]

thanks Woofwoof & TrueblueTerrier,luckily this was just a query. As no-one was really sure at our office.

[baldrick]

My question is if you are sick and your A/L falls in that period of S/L , you obviously get your A/L back because you can't be off sick & on A/L at the same time. But when you claim it back are you allowed to book any time you want, even if the leave period is full for that week. This being because you missed out on your original A/L choice. I sure this is the case, I have heard of it happening. But perhaps this IS or WAS a local agreement.

they have to give you it before april or you lose it

If you have AL deferred due to sickness, and you can't take it during the current Leave Year
it can be carried over into the following Leave Year, in which case it would probably be allocated
with the rest of your leave for that year, in line with your office's local arrangements or agreement.

Carrying leave into another year

Annual leave should generally be taken in the year that itis due, and the business expects all employees to
have at least four weeks away from work every year. However up to one week (or 5 odd days) may be carried
over into the next leave year, and up to five days may be anticipated during the last month of the previous
leave year. Transfer of leave in excess of these limits requires written permission from the line manager,
except that leave that cannot be taken due to sick leave may be allowed in the following year. Where this
is granted and would reduce the annual leave taken in a particular leave year to less than four weeks, the
individual must also confirm in writing that they willing to voluntarily forgo their statutory leave
entitlement under the Working Time Regulations 1998.

Way Forward Agreement 2000
Section 4. Annual Leave

[dazzlin72]

When i was off sick for nearly six months the other year, my A/L owing was allocated to me when i went back into work. As a result i ended up having a weeks leave the second week back into work, after having all that time off on the sick!