Long Term Sick Legal Question

Donstar

Hi,
I've been off work long term since the beginning of March, and have just returned this week on a phased return to work. One of the first things I was told on my return was that my holiday entitlement will be adjusted to take this into account. They said I'd be dropped down to only having 21 days holidays.
The extract from the company policy states

Where an employee is absent due to sickness for a period exceeding three calendar months, annual leave entitlement will be limited to an amount equal to the period of actual service given during the leave year (Jan to Dec). The provision will not be applied so as to reduce the employee's annual entitlement below the statuatory minimum, in accordance with the Working Time Regulations. No substitute Public Holiday will be given to an employee when they are sick on a public holiday.

Any advice would be nice.

Uncertain

Yes, they cannot reduce your statutory entitlement below 28 days. This is often thought of as 20 days plus the 8 bank holidays but doesn't have to be made up that way. There is no specific legal entitlement to bank holidays off but there is an entitlement to 28 days leave per year.

If your contractual entitlement is more than 28 days in total then the firm can lay down pretty much whatever conditions they like regarding the additional days.

cavework

Does the phased return to work include holiday pay owed to make up a full week?

ohreally

Do you receive occupational sick pay?

If so is a/l being used to fund a full weeks wage during the phased return?

Donstar

Phased return was the idea of works occupational health advisor (Serco) and is being done over 4 weeks. My contract of employment states I'm entitled to 32 days annual leave, plus 7 days public holiday. My contract is a full time one. My allowance for full time pay on sick is 26 weeks, then a further 26 weeks on half allowance. No leave is being used to cover the phased return.

Uncertain

Donstar wrote: »

Phased return was the idea of works occupational health advisor (Serco) and is being done over 4 weeks. My contract of employment states I'm entitled to 32 days annual leave, plus 7 days public holiday. My contract is a full time one. My allowance for full time pay on sick is 26 weeks, then a further 26 weeks on half allowance. No leave is being used to cover the phased return.

In that case I don't see they are doing anything wrong.

As I said above, they can lay down more or less any terms they like regarding the extra 11 days holiday you get over and above the statutory minimum of 28.

I don't know quite how they get to 7 public holidays (there are eight) but that hardly matters. Maybe one falls at at time where you always have to be at work?

Is this a University?

Donstar

Uncertain wrote: »

In that case I don't see they are doing anything wrong.

As I said above, they can lay down more or less any terms they like regarding the extra 11 days holiday you get over and above the statutory minimum of 28.

I don't know quite how they get to 7 public holidays (there are eight) but that hardly matters. Maybe one falls at at time where you always have to be at work?

Is this a University?

No its in Scotland for a local authority.

Uncertain

Donstar wrote: »

No its in Scotland for a local authority.

Ah, maybe that is why there are only seven public holidays - eight in England.

I meant to say University or public sector!

ILW

Just be grateful you have had 4 months off sick on full pay and still have a job. Most would be over the moon for such generosity.

LadyMissA

ILW wrote: »

Just be grateful you have had 4 months off sick on full pay and still have a job. Most would be over the moon for such generosity.

glad I never said that

Uncertain

ILW wrote: »

Just be grateful you have had 4 months off sick on full pay and still have a job. Most would be over the moon for such generosity.

No it is not "generosity" if it is part of your employment package any more than your holiday or wages are "generosity"! It is the whole package the encourages somebody to apply for a particular job - or not.

I'm aware that many jobs offer far less. However, if that is what was included in the deal then the OP is entitled to be paid.