Phased return to work and annual leave

BabyChick_2

Hi 

I need some advice. I have recently returned to work from a long period of absence. Because of my job role and work involved and the reason I was off work sick means that I required a phased return to work. Instead of having my original workload chucked in front of me I would have it given back to me in stages till within x amount of weeks I would be back to normal duties - ensuring I was able to cope. 

This doesn’t seem to be the case and what’s happened is that I’m going through a phased return to work but was given the option to either use some of my annual leave to achieve this and only work 3 x days per week for the next month, or work 3 days a week and have my salary reduced accordingly.

I obviously cannot afford to be on a reduced salary hence why I have come back to work as financially I cannot be off work any longer. Oddly enough, the 3 days a week I am work I’ve not really had any duties given to me…

I have since questioned why I am being forced to use my annual leave to achieve a phased return to work and was told it’s company policy. 

Can someone confirm if this is correct and they re within their rights to force me to use my annual leave to ease me back in to my role.

Savvy_Sue

If you remained off sick, would you still be receiving full pay? For how much longer would this be the case?

We have negotiated phased RTW periods which did include using leave. You do get a full year's entitlement, even though you've been on sick leave and presumably not using it.

What the employer will want to avoid is you using a full year's leave in a much reduced period once your phased return is over.

Wonka_2

Savvy_Sue said:

What the employer will want to avoid is you using a full year's leave in a much reduced period once your phased return is over.

Exactly this - if you've had a year off and accrued 20 days holiday (for example) that's 10 weeks where you can work a 3 day week 

elsien

Using annual leave for a phased return is lawful as far as I’m aware – certainly my employer used to do it to make up the hours if the person still wanted full pay. 

You have continued to accrue annual leave while off sick, so to hope that an employer will continue to subsidise your full wages during your phased return, and then have all that leave tagged on the end of it – can you see why that might be an issue for them?

TheSpiddalKid

A phased return is an agreement to work reduced hours. What you will be paid is then mainly a matter of policy and contract. It will be worth examining the sickness absence policy to see what is there about payment during a phased return. A lot of companies will say to use annual leave for those days.

Under the rules of SSP, if you are still entitled to it, you can claim the day rate for any days you normally work that you are not during a phased return, as long as a GP fit note covers this. 

BabyChick_2

TheSpiddalKid said:

A phased return is an agreement to work reduced hours. What you will be paid is then mainly a matter of policy and contract. It will be worth examining the sickness absence policy to see what is there about payment during a phased return. A lot of companies will say to use annual leave for those days.

Under the rules of SSP, if you are still entitled to it, you can claim the day rate for any days you normally work that you are not during a phased return, as long as a GP fit note covers this. 

My holiday year runs until April I already have 3wks that were pre booked prior to me going off sick and I’d already taken 8 days so only actually have 4 days available to me. 

I am in a role whereby I am completely mobile and so working from home is a regular occurrence in my job anyway much the same as being on the road each day. I can do my job from home or from an office or even from the comfort of my company vehicle. 

I was going to review the sickness policy but since my company hasn’t once followed their own sickness policy the whole time I was away from work and have yet to still have an official back to work meeting…even though I’m back at work….. I didn’t feel it appropriate since they seem to only want to follow policies that suit 

BabyChick_2

elsien said:

Using annual leave for a phased return is lawful as far as I’m aware – certainly my employer used to do it to make up the hours if the person still wanted full pay. 

You have continued to accrue annual leave while off sick, so to hope that an employer will continue to subsidise your full wages during your phased return, and then have all that leave tagged on the end of it – can you see why that might be an issue for them?

What if I don’t actually have any annual leave left? Would that mean I would automatically be put back into my full workload/role or face financial hardship because the reason I wasn’t at work was partly due to the health issues it created/and that are ongoing. 

My job role doesn’t see me sitting or being sited in any particular place so homeworking is possible and is what my job role entails most of the time. I am also very mobile in my role in that I have to regularly visit staff. 

I suppose my interpretation of a phased return to work is different to theirs….some of my role could be taken away and I would still be working my contracted hours… 

thanks for the advice - I don’t expect my employer to subsidise my wages, I’m expecting my employer to support their employee in a return to work that is successful. 

Savvy_Sue

BabyChick_2 said:

What if I don’t actually have any annual leave left? Would that mean I would automatically be put back into my full workload/role or face financial hardship because the reason I wasn’t at work was partly due to the health issues it created/and that are ongoing. 

Yes. And, while not wishing to be harsh, the link between health issues and a job aren't always as clear cut as they may feel to the employee. 

You didn't say whether you'd exhausted your entitlement to company sick pay yet? That might make a difference: I know last time I needed a phased return I did receive full pay, but I was nowhere near exhausting my entitlement to CSP. More recently I know another colleague DID use annual leave to enable them to receive full pay in a phased return, but they were out of both CSP and SSP. 

BabyChick_2 said:

I suppose my interpretation of a phased return to work is different to theirs….some of my role could be taken away and I would still be working my contracted hours… 

thanks for the advice - I don’t expect my employer to subsidise my wages, I’m expecting my employer to support their employee in a return to work that is successful. 

The question does have to be asked: what has changed or will change which will enable you to make that return to work successfully? You don't seem confident that there's much difference on the employer's side. 

BabyChick_2

Savvy_Sue said:

BabyChick_2 said:

What if I don’t actually have any annual leave left? Would that mean I would automatically be put back into my full workload/role or face financial hardship because the reason I wasn’t at work was partly due to the health issues it created/and that are ongoing. 

Yes. And, while not wishing to be harsh, the link between health issues and a job aren't always as clear cut as they may feel to the employee. 

You didn't say whether you'd exhausted your entitlement to company sick pay yet? That might make a difference: I know last time I needed a phased return I did receive full pay, but I was nowhere near exhausting my entitlement to CSP. More recently I know another colleague DID use annual leave to enable them to receive full pay in a phased return, but they were out of both CSP and SSP. 

BabyChick_2 said:

I suppose my interpretation of a phased return to work is different to theirs….some of my role could be taken away and I would still be working my contracted hours… 

thanks for the advice - I don’t expect my employer to subsidise my wages, I’m expecting my employer to support their employee in a return to work that is successful. 

The question does have to be asked: what has changed or will change which will enable you to make that return to work successfully? You don't seem confident that there's much difference on the employer's side. 

I would assume I’m coming towards the end of my sick pay but would have no idea as I’ve had no welfare meetings, no sickness meetings or any OH meetings, in fact other than a few texts here and there I’ve not had anything official from them. 

Our company sick pay is full pay for 6months half pay for 3months - I’ve come back on the assumption my full pay is about to run out therefore I have returned to work. I simply cannot afford to go down to half pay however my condition will not improve and is ongoing and so aside from a phased return to work I will need regular breaks from work due to my condition (something I don’t think my employers have taken in to consideration. my employers are fully aware of my condition and have been aware of it since the first day of absence)  

in order for my return to be successful my workload needs to change. For a certain period of time I’d like my role to be given back to me bit by bit, so that I can get to a point whereby if I’m starting to struggle I can be aware of my limits and my employer will be able to make adjustments accordingly - whether that be with me in my current role or them employing someone else to do my role. My company are aware of its failings and the workload and stress we are under, they have started to implement some changes, however we are unlikely to see any benefit from this for at least 6-12months. 

 

Hoenir

BabyChick_2 said:

what’s happened is that I’m going through a phased return to work but was given the option to either use some of my annual leave to achieve this and only work 3 x days per week for the next month, or work 3 days a week and have my salary reduced accordingly.

Perfectly reasonable from the employers perspective. Policy has to be consistent and applied fairly to all employees. In the workplace there cannot be seen to be instances of preferential treatment. Particularly where the sickness policy is already generous at the outset. There's no need for the employer to debate the issue further. 

Undervalued

TheSpiddalKid said:

A phased return is an agreement to work reduced hours. What you will be paid is then mainly a matter of policy and contract. It will be worth examining the sickness absence policy to see what is there about payment during a phased return. A lot of companies will say to use annual leave for those days.

Under the rules of SSP, if you are still entitled to it, you can claim the day rate for any days you normally work that you are not during a phased return, as long as a GP fit note covers this. 

If I read correctly the OP has been off sick for a year so SSP will be exhausted?

OP, there is no legal right, as such, to a "phased return to work" except possibly as a reasonable adjustment if the employee qualifies as disabled. Without a disability any phased return is a matter for company policy and negotiation. Again, unless disabled, whilst a GP or other doctor may recommend a phased return, the firm is not obliged to agree and even if they do it can be on whatever terms they may choose to offer.