Can't go to Annual Leave from Sick Leave?

Eastender

Hello Folks,

My wife works for NHS type organisation, she was told by her manager that she can't go from sick leave to her pre-booked annual leave, but have to come to work for for least a day before her holiday period. Is this legal?

She is not feeling very well but worried what he told her and the holiday is a relaxing beach holiday.

DCFC79

Eastender wrote: »

Hello Folks,

My wife works for NHS type organisation, she was told by her manager that she can't go from sick leave to her pre-booked annual leave, but have to come to work for for least a day before her holiday period. Is this legal?

She is not feeling very well but worried what he told her and the holiday is a relaxing beach holiday.

What does it say in her contract ?

Eastender

DCFC79 wrote: »

What does it say in her contract ?

Don't know that but it was given last year. He told her it was in the HR policy?

custardy

I would be surprised if this is the case.
Is your wife expecting to be fit for work after her holiday?

xapprenticex

Makes sense to me, they could be using AL as Sick to try to reduce true bradford factor etc.

custardy

xapprenticex wrote: »

Makes sense to me, they could be using AL as Sick to try to reduce true bradford factor etc.

Disagree. I get systems are in place for sick policy etc but an employee simply declaring themselves fit for return after their holiday should suffice.
Eg you hurt your leg and are off sick,you are nearly healed before 2 weeks AL. You will be fine to return after your holiday but this policy you would need to wait until fully healed and then have more AL to take at the end anyway.
I see no benefit on them being in work for one day for the employer or employee.

unforeseen

I would have said that if a fit note is not provided before the start of annual leave then the person is still on sick leave.

Maybe this is why they have to come back for a day in between. To hand in fit note and a return to work interview possibly.

Forwandert

I worked somewhere several years ago that had this policy. You couldn't start your holiday until your return to work form had been completed.

theoretica

I understand one of the reasons for not permitting this is to prevent people 'extending' their holidays. But once a rule is introduced it can be applied regardless of whether the initial purpose behind it applies in this case or not.

sangie595

It's a common policy. Ask to see the policy - she may have to return to work if she wants paid holiday. As others have said, it's common because of the number of people going"sick" before or after holidays - or even during them! Another case of people paying the price for the few who abuse the system

lincroft1710

This was certainly the case in the Civil Service a few years ago and may still be current policy.