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Sick leave and Annual leave
Comments
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If they have lost his holiday record, how hard would it be for him to reconstruct it?
He doesn't really have a clue, he never wrote any of it down. Its all written down on card, which suprises me, I would have thought an LA would be a bit more high tech than that!
Say he has 28 days (including bank holidays) and the holiday year runs from January to December. Did he take any leave before he went sick last year? Did he take any leave after he returned to work full-time? If they can't show when he took leave, and he can show when he says he did, surely his version wins?
He gets 25 days plus bank holidays. His holiday year starts in Feb and he had his operation in Feb so brand new year, no chance to use any. When he returned in Sep he should of had his full entitlement. He did book some time off in Nov as I was working abroad but no more than 10 days at the most.
There's a more complicated question though about whether he carried forward any holiday from one year to the next: normally there's a 5 day limit, and it has to be taken within 3 months of the new leave year starting, and it may need his manager's authorisation.
In Novemebr he was told he had 15 days left and they would let him carry some over. He booked a week over Christmas, a week in Jan and was carrying some over to next week as I am away again. It's this week they have told him he didn't have enough leave to cover Jan. I dont get it, if they've lost his card, how can they say if he does have enough or not?
Incidentally, when I was in the public sector we had a three part form for holidays: you gave white and pink copies to the manager and kept a yellow copy for yourself, and once it was approved they gave the pink copy back to you. So you could prove what holiday you'd asked for, and once it had been granted you could prove that as well! Does he have that system too?
No, its a card. They request the A/L, the person in the offices writes it down on the card and tells them if it's ok. They must have a system to process pay, overtime, annual leave etc but he doesn't know anything about this or seen anything to do with it.
And when I had a phased return, I worked the days I could and was counted as sick for the days I couldn't. As I was still on full CSP at the time this worked for everyone. Our payroll provider was a bit dubious initially, I think because they'd never known anyone do this before, but my managers were fine with it because I think they realised I'd never get back if it was 5 days or nothing!
Thanks for your reply. He is so frustrating as he never keeps records of anything and trusts his employers to do the right thing by him.
I've passed the information on to him but he wont ever ask unless I write the letter for him but then he probably wouldn't hand it in. I think part of him is a bit scared too as he thinks they may be looking for a way to just get rid of him.
Even though he is my ex, whatever happens to him affects me and my DD. As I mentioned before, we share her care so if he has to use all his A/L for his operation then I'm slightly stuffed.
Plus, him not being paid. He is now in debt up to his eyeballs,I'm trying to help him claim back his PPI etc as I've not had any proper money from him in months so he really cant afford to not be paid again.
If the cyst had been discovered earlier, then he could of had it removed during his first sick leave and he wouldn't be going through this.Lightbulb moment Dec 2005 - debt £23700
June 2010 - £17984.210 -
Well, by 'reconstructing' it, I'd suggest sitting down and working out when he MUST have had leave.
33 days from Feb (25 + 8 Bank Holidays).
- 6 for 3 x 3 days weeks in his phased return = 27 (which I'd still be querying, but it may be that or taking it as unpaid because he'd run out of sick leave)
- 10 in November = 17 (did they say he'd got 15 days left before or after he booked that leave, out of interest?)
- 3 for Christmas Day, Boxing Day and New Year's Day = 14
- 5 for the week you say he booked at Christmas, although if that included all of those bank holidays it was only 2 days) = 9
- 5 in January = 4 days left
Now, if THEY have lost his card, surely it's down to THEM to prove that this 'reconstruction' is wrong?Signature removed for peace of mind0
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