Annual leave whilst on sick leave

[Trigger007]

Hello, sorry if this has been addressed but I've spent ages trying to find it using the search feature and haven't. I have been on long term sick leave for over 6 months and am taking voluntary retirement. I have about 3 weeks of annual leave, and I am confused about this: my line manager says I can take the annual leave and have a final last day of service on 11th sept instead of 30h sept, but that I need to declare myself fit for work in order to get this annual leave. So he says I can declare myself fit on the 10th and he can sign me off on the 11th. I thought that I was entitled to my annual leave while on sick leave if I want, so I don't understand why I have to declare myself fit to return. I am not fit to return, and if I declare myself as such, I feel that is dishonest, and fear that if for whatever reason they cannot give me annual leave (it depends on who else has taken time off or is off sick in my office), I will be stuck. I suppose I could get another doctor's letter if that happens, but aren't I entitled to take the annual leave, or is it because I am leaving or have been on long-term sick leave as opposed to a time period of less than 6 months that they think I'm not entitled? Or maybe I'm totally wrong? Thank you for any guidance on this matter.

[spiderj]

Get that in writing for the tribunal you'd win.

You accrue and are owed the annual leave.

It's in your contract and in RM absence policy.

Don't declare yourself fit,you'd have to go back to work.

Also shouldn't it be ihr instead of vr?
Probably no difference cashwise but it would affect your entitlement to benefits etc.

[bogstandard]

shoot me down for being wrong, but i don't think you can take VR whilst off sick. The problem being your last day of service, you can't have one if you are off sick.

[TrueBlueTerrier]

shoot me down for being wrong, but i don't think you can take VR whilst off sick. The problem being your last day of service, you can't have one if you are off sick.

He may have got Ill health retirement and Voluntary Retirement mixed up.

[Gwynedd]

Hi

If you are off sick and have accepted VR/IHR then the need for A/L is really of no consequence.
Your DSM will/should have given you a forecast of what your pay out will be, included would be the amount of any outstanding holiday entitlement. This forecast would also give you your Last Day of Employment.

Wishing you all the best!

[Trigger007]

Thank you all so much for your responses. I will ask my manager about it again and ask if I need to talk to HR about it instead of him. I agree that it would be unwise to declare myself fit when that is not the case, and thank you for validating my thought that I'm entitled to annual leave. When I was sent the VR offer, it did not include the annual leave amount. Thank you and I will let you know if I run into more issues. All the best.