Sickness and annual leave

psychic_kitten

I'm due to return to work from maternity leave next month and have had a meeting with my line manager. Unfortunately I still have postpartum health issues which I am receiving support through the NHS for, and my GP is willing to sign me off until these are resolved.

During my meeting I provided full disclosure around my current health status/history and my GP's opinion. My line manager stated I had a reasonable amount of annual leave accrued and said I would need to take this at the end of my maternity leave first rather than go sick.

I've never reported being ill whilst on any prebooked annual leave because I just haven't, but I don't know if I can be "forced" to take annual leave if I'm not fit for work?

For context, it would make no difference to my pay so it isn't (and certainly didn't come across as) my line manager trying to do me a favour and ensure I don't lose pay. And I'm not looking to exploit anything here - I've only ever taken a couple of days of sick leave on 2 occasions in 7 years.

TIA.

Bobbobbobingalong

No, you can’t be forced to take annual leave as a substitute for recording sickness absence. You don’t say what industry you work in and whilst that isn’t so important, deliberately falsifying internal records in many is considered an act of gross misconduct and likely to lead to summary dismissal. 

Tell your manager you are not inclined to be complicit in such an act, preferably by e-mail or documented discussion so that there is a record.

elsien

Bobbobbobingalong said:

No, you can’t be forced to take annual leave as a substitute for recording sickness absence. You don’t say what industry you work in and whilst that isn’t so important, deliberately falsifying internal records in many is considered an act of gross misconduct and likely to lead to summary dismissal. 

Tell your manager you are not inclined to be complicit in such an act, preferably by e-mail or documented discussion so that there is a record.

That seems to be a particularly nuclear option at this stage of proceedings and almost guaranteed to sour any ongoing relationship with the line manager.

I agree that they can’t make you take annual leave while you’re off sick but I would just go back to them and point that out,  and state that you will be sending a sicknote in to cover the period in question and not using your leave. 

You can point them at this if you like which clearly states that you can’t be forced to take annual leave when you’re eligible for sick leave. 

https://www.gov.uk/taking-sick-leave

diystarter7

Hi OP

If you are able to ret to work then you are fit to return

If you just don't feel great but know when you return to work you could manage, then your manger is helping you by saying you can take leave as often depending on size of team they have anticipated your return

So if you are unwell and not fir to return its sick leave.

Just a guess, I feel the manager was trying to be helpful but you know best.

Thanks

eamon

Consider this. You have been accruing annual leave and that needs using up as per your employers T&C's. There are exceptions and maternity leave is one of them. Are you on full pay or reduced? If reduced you could use some of your AL and bump you pay up. That could be useful for you. Of course from your employers pov if you use your AL it works better for them.

diystarter7

eamon said:

Consider this. You have been accruing annual leave and that needs using up as per your employers T&C's. There are exceptions and maternity leave is one of them. Are you on full pay or reduced? If reduced you could use some of your AL and bump you pay up. That could be useful for you. Of course from your employers pov if you use your AL it works better for them.

Hi

Good point and as per my intial post here, I feel that dear manager is trying to be helpful

However, even at reduced pay, OP takes sick for a few weeks/months and returns and then great news has loads of A/L.
If her co was desperate, they could offer here payments in leiu of A/L for some of them

Thanks

Bobbobbobingalong

elsien said:

Bobbobbobingalong said:

No, you can’t be forced to take annual leave as a substitute for recording sickness absence. You don’t say what industry you work in and whilst that isn’t so important, deliberately falsifying internal records in many is considered an act of gross misconduct and likely to lead to summary dismissal. 

Tell your manager you are not inclined to be complicit in such an act, preferably by e-mail or documented discussion so that there is a record.

That seems to be a particularly nuclear option at this stage of proceedings and almost guaranteed to sour any ongoing relationship with the line manager.

Perhaps, perhaps not. At the end of the day clear communication is always important and management need to understand exactly what it is they are asking of their staff. It may well be that the manager is very inexperienced and this would be a very rapid learning exercise, may be not, who knows?