Losing Holiday, Reducing Hours

Sugar_Coated_Owl

I have two issues.

As mentioned in a previous thread I have recently returned to work after being off sick for 4 months.

1) I have approximately 160 hours of holiday to use by the end of March. Unfortunately there isn't enough time for me to use it as other people are off on holiday and it isn't in the best interest of the business to let me use it all up. I'm assuming there isn't much I can do about this but I just wanted to ask others opinions on the matter.

Edit: I have just over 21 days holiday.

2) I returned to work full-time but I am struggling with the hours. Looking back I should have gone back on reduced hours and then worked back up to my normal hours but I thought I could only do this if occupational health were involved and they weren't. My manager has spoken to the area manager and it has been agreed that I can reduce my hours but I won't be able to work back up to my normal hours as they will be given to someone else. Again, I assume there isn't much I can do about their decision but thought I'd ask anyway.

Apolonation

It makes more sense to state holiday in terms of days but anyhow...

Just say you want now until your holiday is expired off if they can't accomadate this ask why and get documented proof get a union involved.

If they are being unreasonable. Just quit. You deserve better.

My philosophy. Treat me well or lose me. You should do the same.

jdturk

razorbladekisses wrote: »

I have two issues.

As mentioned in a previous thread I have recently returned to work after being off sick for 4 months.

1) I have approximately 160 hours of holiday to use by the end of March. Unfortunately there isn't enough time for me to use it as other people are off on holiday and it isn't in the best interest of the business to let me use it all up. I'm assuming there isn't much I can do about this but I just wanted to ask others opinions on the matter.

If you genuinally cannot use your hours due to other people booking their holidays of then I would have thought your company should pay you for anything outstanding (you will need to check)

2) I returned to work full-time but I am struggling with the hours. Looking back I should have gone back on reduced hours and then worked back up to my normal hours but I thought I could only do this if occupational health were involved and they weren't. My manager has spoken to the area manager and it has been agreed that I can reduce my hours but I won't be able to work back up to my normal hours as they will be given to someone else. Again, I assume there isn't much I can do about their decision but thought I'd ask anyway.

If you asked to go on reduced hours there is nothing you can do once the hours have been changed and the company quite rightly could refuse your request and give you the option of carrying on or resigning. If however they are telling you to reduce your hours you could refuse if it is going to be a perminant thing.

Bear in mind that if you refuse and you are showing to be incapable of doing the job (ie not being able to cope with the hours) they could let you go for this

Hope that helps abit

Apolonation

they would need to prove that you were not capable however and go through a full disciplinary route.

jdturk

Apolonation wrote: »

It makes more sense to state holiday in terms of days but anyhow...

Just say you want now until your holiday is expired off if they can't accomadate this ask why and get documented proof get a union involved.

If they are being unreasonable. Just quit. You deserve better.

My philosophy. Treat me well or lose me. You should do the same.

Normally your advice is good but 160 hours is 4 weeks holiday and seeing as the OP has been off for the last 4 odd months it is fair to think that requesting 4 weeks holiday in the next 6-7 weeks is unreasonable and if they have already given their quota of holiday of they can refuse to give the OP hers of. However as I have said they should pay her for thses holidays and try to accomidate as many days holiday as possible.

The company have paid the OP 3 months Contractual pay which is good as companies go so in my mind they are treating her well. However as I have said before its unrealistic to get 4 weeks holiday in 6-7 weeks time with hardly no notice (also unfair on the other workers that have most likely had to pick the slack up from the OP being of on the sick)

jdturk

Apolonation wrote: »

they would need to prove that you were not capable however and go through a full disciplinary route.

Of course but If the OP is struggling with the hours it wouldn't be that hard

ShaunInLeeds

Hi

Why don't you carry forward some of your holiday entitlement into the next working year. It's at managements discretion though and they usually allow upto 5 days. You have a good case that you have been off sick and have had no opportunity to use any of your entitlement so far but be warned you will lose the rest but its better than losing all of it if they arent allowing you to take it right now.

As for the hours change, I would go over their heads and contact HR and OH. They were there to make sure process is followed and your wellbeing is taken into account, your managers generally aren't!

NJW69

There has been a recent case that has now meant that holiday cannot be lost due to being off work ill. This means you can carry over you leave into the next year.

If you are reducing your hours temporarily becasue you have been ill and then building back up to normal you should be able to do this as part of your return to work programme.

jdturk

NJW69 wrote: »

There has been a recent case that has now meant that holiday cannot be lost due to being off work ill. This means you can carry over you leave into the next year.

If you are reducing your hours temporarily becasue you have been ill and then building back up to normal you should be able to do this as part of your return to work programme.

Slightly of topic but what a stupid ruling! you could have 11 months ill and then take the next month of on holiday...ridiculous

Sugar_Coated_Owl

Thanks for the help so far.

Unfortunately we cannot carry forward holiday and they do not pay for unused holiday.

HR said that if I had returned on reduced hours and worked back up that would have been OK but because I went back on full hours and now want to reduce them and then return to normal hours that is a problem.

jdturk

razorbladekisses wrote: »

Thanks for the help so far.

Unfortunately we cannot carry forward holiday and they do not pay for unused holiday.

HR said that if I had returned on reduced hours and worked back up that would have been OK but because I went back on full hours and now want to reduce them and then return to normal hours that is a problem.

I would look into the posters comments about not being allowed to lose holiday pay due to being on the sick. I knew there was something going through the courts but someone would have to link me to show me this is correct