Loss of annual leave while off sick?

Cambo2008 · Post by **Cambo2008** » 19 Oct 2017, 14:57

Hi
I have recently returned to work after a long term sick absence, I unfortunately suffered a miscarriage in mid August so was mentally and physically unable to be at work, I also during this time off had to have a biopsy and have been a total mess!! I had two weeks annual leave booked for the last two weeks in August (while I was on sick leave) nobody has said anything to me about including this in my sick leave until today when I asked when I could take this time off I was told I didn't have any holiday because they had added this into my sickness as I was long term sick, are they allowed to do this I was always under the impression you couldn't be on annual leave while sick
Many thanks in advance

Post by **TrueBlueTerrier** » 19 Oct 2017, 15:24

First, sorry for your loss you have my condolences.

Second. You cannot be on sick leave and annual leave at the same time. The government say https://www.gov.uk/taking-sick-leave" onclick="window.open(this.href);return false;

Employers can’t force employees to take annual leave when they’re eligible for sick leave.

So your manager has committed a huge mistake.

Third to sort it out get a rep involved. Also because of the subject matter, you can ask for a manager of the same gender when discussing it, I hope the CWU would also be sympathetic to a request for a female rep.

The Equalities Officer at CWU HQ, Linda Roy is an excellent advocate and I am sure if you asked for her advice she would be forthcoming.

Cambo2008 · Post by **Cambo2008** » 19 Oct 2017, 16:12

Hi
Thank you so much for your kind words and for your reply, I did think that was the case but when I said that I was told it was part of their new sickness policy and that if I had any problems with it I would have to take it up with the Dom and that I wasn't the only one they had done it to because it was classed as long term sickness they are allowed. Although I was off work it wasn't a happy time and I certainly didn't get to have a holiday! It would be nice to plan and have something to look forward to
Thanks again for the support and information

BarnsleyLackey · Post by **BarnsleyLackey** » 19 Oct 2017, 16:42

They make you sick, don't they?

Cambo2008 · Post by **Cambo2008** » 19 Oct 2017, 17:46

They certainly don't help

rehabron · Post by **rehabron** » 19 Oct 2017, 17:50

You can always stick in a 2nd stage grievance form which will be heard by a manager at a higher level of authority to your illiterate DOM and the 2nd stage will also incorporate the Employee Relations Team at Sheffield.

Cambo2008 · Post by **Cambo2008** » 19 Oct 2017, 19:17

rehabron wrote:You can always stick in a 2nd stage grievance form which will be heard by a manager at a higher level of authority to your illiterate DOM and the 2nd stage will also incorporate the Employee Relations Team at Sheffield.

Thank you

DiamondSmiles · Post by **DiamondSmiles** » 20 Oct 2017, 14:35

Just can't believe what Royal Mail try to get away with nowadays. Grievance form without doubt.

k979aaa · Post by **k979aaa** » 20 Oct 2017, 16:35

Cambo2008 wrote:Hi
Thank you so much for your kind words and for your reply, I did think that was the case but when I said that I was told it was part of their new sickness policy and that if I had any problems with it I would have to take it up with the Dom and that I wasn't the only one they had done it to because it was classed as long term sickness they are allowed. Although I was off work it wasn't a happy time and I certainly didn't get to have a holiday! It would be nice to plan and have something to look forward to
Thanks again for the support and information

This is appalling treatment by your management team by the way you cannot be on holiday as the dwp pay royalmail about £90 a week for you being on the sick and as such you cannot be on Holiday see your rep or area rep as a lot of this is going on at the moment I wonder why!

BarnsleyLackey · Post by **BarnsleyLackey** » 22 Oct 2017, 20:35

Forget Grievance forms. You need the address to go higher. Your union rep should advise.

Edward Hunter · Post by **Edward Hunter** » 29 Oct 2017, 12:03

Tried it on with me, said i owed them a couple of days and had to come in. Funnily enough another fella who was off for a similar amount of time wasnt told this at all! Get the area rep involved as its disgusting treatment.

Cambo2008 · Post by **Cambo2008** » 08 Nov 2017, 15:04

Hi all
I am really getting stressed out over this situation now!! After getting the union rep involved he has come back to me today and told me their reason is that one of my certificates covering part of my holiday was backdated by my doctor and so they presumed I was on holiday because they were apparently not able to contact me (not true) and thus implying that I must have been on holiday!! Even though the previous certificate covered the first four days of my holiday, Is this a valid reason? I'm getting really confused about it now and don't need the stress after a horrible few months:( My rep didn't seem particularly sympathetic and told me they would of been within their rights to withhold my pay because my certificate was late. I feel like I'm being punished when I was going through so many emotions at the time it just doesn't seem fair!!
He has asked for it to be passed to Hr and I was wondering if their decision is final or can I still put in a grievance form?
Thanks again

k979aaa · Post by **k979aaa** » 08 Nov 2017, 17:20

Cambo2008 wrote:Hi all
I am really getting stressed out over this situation now!! After getting the union rep involved he has come back to me today and told me their reason is that one of my certificates covering part of my holiday was backdated by my doctor and so they presumed I was on holiday because they were apparently not able to contact me (not true) and thus implying that I must have been on holiday!! Even though the previous certificate covered the first four days of my holiday, Is this a valid reason? I'm getting really confused about it now and don't need the stress after a horrible few months:( My rep didn't seem particularly sympathetic and told me they would of been within their rights to withhold my pay because my certificate was late. I feel like I'm being punished when I was going through so many emotions at the time it just doesn't seem fair!!
He has asked for it to be passed to Hr and I was wondering if their decision is final or can I still put in a grievance form?
Thanks again

There may be a good reason for backdating as over weekend or getting an appointment but it's still one absence so you went sick xx/xx/xx day till xx/xx/xx day with all days covered by sick note except the first 7 days means they are bull shiting you phone up HR ON THE BACK OF YOUR PAY SLIP AND ASK THEM FOR YOUR SICK RECORD then if your rep is crap or not bothered get your area rep involved hope this help's.

Creditshampoo · Post by **Creditshampoo** » 08 Nov 2017, 21:18

I’m in the same boat how ever there’s “no annual leave slots available”

k979aaa · Post by **k979aaa** » 08 Nov 2017, 21:25

Creditshampoo wrote:I’m in the same boat how ever there’s “no annual leave slots available”

In exceptional circumstances leave should be carried into next year if this help's.