Leave left over - not allowed to carry over but cant take it

[Deleted User]

My wife works for NHS. The way leave works is that everyone has to book it in advance for the whole year (yeh I know!).

But, the rules are if you're sick when you're on leave, you get the leave back. Anyway, wife was off work for a few months and is now owed 7 days.

Department have said she will need to be flexible when she takes this leave - fair enough - but she cant carry it over past next April. So far she's asked for odd days but the excuse has always been - short-staffed cant have time off.

I can see what's going to happen. Its going to go all the way to April, and then they're going to say, sorry, you didn't use it you've lost it.

Anyone know the law on this one?

tanith

I'm almost certain if you haven't been able to take accrued leave(by reason of sickness) in the present year they have to let you carry it over. I would put several requests in writing for using the leave up before April she is being flexible by giving them choices and then if it is turned down she should clarify with senior staff/HR that the leave is carried over.

maninthestreet

The employer seems to be frustrating her attempts to take the leave she is entitled to - is there a HR department ?

pinkshoes

She needs to keep records of all the times she's asked for the time off. If she still hasn't taken it by the end of April, they need to let her carry it over, or pay her the equivalent!

She should perhaps put the requests in writing, or ask THEM to tell her the 7 days she can take as holiday.

getmore4less

She needs to remind the person making the refusal that they have to allow the holiday before the end of the holiday year so better start planning now how they plan to cover those days thats their job/problem not hers.

Is this NHS

Remember she accrues holidays while sick so does not loose any of the annual allowance.

getmore4less

Carry over when sick only applies if there is no time to take the holiday, just refusing is not sufficient.

LannieDuck

I would have a chat with her manager about the problem. It's a perfectly reasonable concern to raise. She just needs to say that she still has 7 days to take before year end, and when would be best to take them?

Obviously it's less easy if she has specific dates she wants off, but presumably any days she really wanted off have already been requested a year in advance?

SarEl

Agreed that she would need to show that the employer is refusing her a reasonable opportunity to take the leave. But just to thorw another wobbler into the equation - statutory leave or contractual leave? Because there is no right to be paid for statutory leave (it's actually unlawful for the employer to do so except for leavers / long term sick); and contractual leave doesn't have to be either paid nor taken! If this cannot be resolved then a grievance is probably the only way forward.

samwich1979

I work in the NHS and im telling you that not being allowed to take over annual leave when you have been off sick is utter rubbish.

I was off sick for 6 months this year which went past April and i got my full 3 weeks holiday back on top of this years annual leave to use.

Your wife needs to be firm with them, it is not her fault they have staffing problems, she can take her annual leave when she wants as long as it is far enough in advance and there are not more staff off than required to run the department.

It doesnt run out until April next year so surely they cant say there is nowhere to fit 7 day in 3 months!!

The joys of working for the NHS eh?!

SarEl

samwich1979 wrote: »

I work in the NHS and im telling you that not being allowed to take over annual leave when you have been off sick is utter rubbish.

I was off sick for 6 months this year which went past April and i got my full 3 weeks holiday back on top of this years annual leave to use.

Your wife needs to be firm with them, it is not her fault they have staffing problems, she can take her annual leave when she wants as long as it is far enough in advance and there are not more staff off than required to run the department.

It doesnt run out until April next year so surely they cant say there is nowhere to fit 7 day in 3 months!!

The joys of working for the NHS eh?!

Actually they are exactly saying that! That was the point of the thread! She was sick when she had already booked time off; got it back and is now unable to get the time off approved! And nobody can take annual leave when they want - the law says otherwise.

samwich1979

SarEl wrote: »

Actually they are exactly saying that! That was the point of the thread! She was sick when she had already booked time off; got it back and is now unable to get the time off approved! And nobody can take annual leave when they want - the law says otherwise.

Well the hospital i work in lets the staff choose their holidays when they want them and then they either get given those dates or not depending on how many people are off that week.
I was not saying they can just take it and the department has to deal with it!

We also get many opportunities to take short notice days off if the department is quiet.

Never heard of having to book them all in advance, it just does not work in my opinion and this is perhaps why the OP's wife has ended up with this problem.

AGAIN it is the problem of the workplace managers to sort this problem and his wife needs to tell them if they cannot grant her annual leave between now and April she will take it to the union(providing she is in one) and make sure she gets it taken over to the next years entitlement.