Holiday leave when on phased return

74jax

I am currently working a phased return to work due to a injury at work.

I have an operation date of end of January. I have 11 days holiday to take before end of March.

I have been told to take these days before my operation. If i am working 3 days a week to take a week off do i use 5 days or 3?

I have been told by one person that I use a days holiday to take one of my working days off, but told by another (in same department) that i use a days holiday to take off the days im not working.

Does anyone know the correct answer or does it vary from company to company?

SarEl

If you take them on the days you aren't working it will make your wage back up to a full wage (assuming you are not already on full pay) because you probably don't get paid for those days - or only get sick pay. That would be what most people normally do. Can't you ask your HR people what would be best for you?

skintandscared_2

I would definitely recommend asking your HR department, as they will know how they are currently treating your accrual of holiday.

While you were off sick (presumably after working full-time?) you will have accrued full-time holiday during the whole period you were away. Depending on how long your phased return to work will be spread over, it MAY be that HR are now treating any holiday accrued from your date of return as based on however many days you work - but they equally may well still be treating you as full-time for holiday purposes. Are you currenly being paid for 3 days per week, or for 5? If you are being paid for 5, then I would suggest you need to use 5 days holiday to take a week off. If you are being paid for 3 then I'd imagine you need to only take 3 days for a week off.

I would definitely check with HR!

74jax

SarEl wrote: »

If you take them on the days you aren't working it will make your wage back up to a full wage (assuming you are not already on full pay) because you probably don't get paid for those days - or only get sick pay. That would be what most people normally do. Can't you ask your HR people what would be best for you?

Im on full pay during my phased return.

Ive posted a few threads on here where I don't seem to get anywhere with my manager or HR.

The two people who told me the two different answers are from my HR department.

I just wondered if anyone else has been in the same position.

SarEl

74jax wrote: »

Im on full pay during my phased return.

Ive posted a few threads on here where I don't seem to get anywhere with my manager or HR.

The two people who told me the two different answers are from my HR department.

I just wondered if anyone else has been in the same position.

Ah - in that case if the employer is paying a full wage then I think you have to come to some agreement with the employer. I doubt they will be impressed at your taking holiday only when you are in work if you are on a phased return and only working part of the week. That is presumably why HR are confused - there isn't truthfully an answer in law, so it is up to them (and you) to come up with one that suits you both.

Emmzi

well, you are doing say 3 days work for 5 days pay. so I think it's be taking the michael to book only the days you work off and have almost 4 weeks holiday instead of 2. I'd book 2 weeks off and use 10 days holiday, even though only actually working 6. Then you have a floating day to take.

74jax

SarEl wrote: »

Ah - in that case if the employer is paying a full wage then I think you have to come to some agreement with the employer. I doubt they will be impressed at your taking holiday only when you are in work if you are on a phased return and only working part of the week. That is presumably why HR are confused - there isn't truthfully an answer in law, so it is up to them (and you) to come up with one that suits you both.

Thanks SarEl, work have been quite accommodating since I've been back so I think I'll offer the five days for a week off.

If it's a grey area I'd rather leave for my operation knowing I hadn't tried to get all I can so (in my eyes) it will be easier to return.

skintandscared_2

If you are being paid 5 days' pay for 3 days' work then I would definitely suggest that you need to use 5 days' holiday for 5 days' away from work!

tomjonesrules

Emmzi wrote: »

well, you are doing say 3 days work for 5 days pay. so I think it's be taking the michael to book only the days you work off and have almost 4 weeks holiday instead of 2. I'd book 2 weeks off and use 10 days holiday, even though only actually working 6. Then you have a floating day to take.

I agree - the idea of adjustments is to put the 'disabled' person on a par with their counterparts, not (usually) to give an additional benefit.

74jax

The reason it came about was because I was I asked HR how many days I had to take before my operation and was told 11. I was informed to take five days for a week - fair enough, but my electronic timesheet is now set to 3 days only and once I've entered the code code for three days the remaining of the week is 'blanked out'.

I called HR who told me I only needed three days holiday for my week off. I queried what I had previously been told and they said they would get back to me.

However I am still awaiting confirmation on questions from over a month ago, so I do not hold out much hope.

You would think I was the only one who had been off at my work at times.

Thanks for your replies and I will try HR again.

SarEl

Ok - they are stupid. If you have five days pay then five days holiday is required to match five days pay. The timesheet is just a mechanism, not a decision making tool! My advice would be to do as we have suggested, print out a copy of your timesheet and hand-write in the missing days as holidays, keep a copy and send it to HR with an explanation. That way there is a formal record of your holidays taken, albeit one on paper, and if they ever get around to wondering what happened you have a copy to show them! Otherwise at some point in time they could come back with an argument that you took too many holidays, have been overpaid, or whatever. Tell your manager what you have done too.