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Working my notice
in Employment, jobseeking & training
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thanks for all advice , onwards and upwards as they say 👍
Definitely being a people leader will have some influence on my interpretation of this scenario, but I felt like the thread would benefit with some balance from an employer perspective.
However, if you did not receive a robust 'back to work' interview, possibly some redress is in order.
You were signed off for six months. That period ended towards the end of December. Your leave year, I think you suggest, starts on 1st January.
Did you, before you went sick in June, use ALL your annual leave for 2022? If you did not, then it is still available to you now: even if they do not usually allow you to carry it forward, they cannot deny this.
You should check how much holiday you had, however, as you continue to accrue holiday while on sick leave and if you are unable to take it during the correct year due to being on long term sick, you are entitled to carry over any Statutory Leave (contractual leave may be different depending on your company's policies)
If you were off for the whole of the 6 months then you would have accrued holiday - if you work full time you would accrue 14 days leave in 6 months. You say that your sickness ran out on 27th Dec and you returned after the holidays, so some of that time may well have been used during that Christmas break, but you need to work out what you had accrued, to make sure that this is properly accounted for in your final pay.
However, if what you have said is correct, and you had used up the holiday you accrued last year and then took took weeks which you haven't accrued, then it's absolutely normal that you would have to pay that back.
Also, you specially asked your employer to agree to short notice , so it's a little unreasonable to then be annoyed that they have agreed it.