Forced to use holiday entitlement?

KarmaKarma

Hello..
Sorry for new name but needs must!

I'm about to return to my job, part time (permanantly) instead of my old full time.
I will be going back on a rehab basis...2 days one week, 3 the next and so on until I'm doing my full contracted hours.
Can I be forced to take my holiday entitlement on the days I won't be in?:mad:
Baring in mind it is the company that have suggested rehab...it's a normal thing they do.

Common sense tells me that they cannot force me to use up my days in this way but I wanted to see if anyone here knows?

Appreciate any help,

KarmaKarma

ohreally

Normally what would happen on a phased return is, if you were still on full pay then you would continue to use you sick pay to fund the return.If you were on reduced pay the employer may ask you to use some of your outstanding annual leave to "pay" for the phased return.
If the original absence was due to a work related incident, then all bets are off and you don't "pay" for the phased return, it should be at no cost to you.

Ask the employer to provide their phased return policy document.

KarmaKarma

Thankyou...

I was told I would get my full time wage until the end of Feb. Then it would change to part time wage.
So, I will be doing three weeks rehab with the first week being at my full time rate.
I have been off with a chronic health problem which some would say was caused by work but never proven so I don't take that into account.

Sorry forgot to say...I have been on full pay (as well as full time hours!) during my sick leave. Lucky I know.

KarmaKarma

ohreally

KarmaKarma wrote: »

I have been off with a chronic health problem which some would say was caused by work but never proven so I don't take that into account.

KarmaKarma

Is there an occupational health department available to you? If so I'd consider having a word with them, get you notes brought up to date and have a general case review and enquire from them if in their professional opinion your condition may be work related.
If not have a similar chat with your GP.

Is there a trade union appointed health and safety rep in the workplace?

KarmaKarma

Yes, there is a occupational health dept.
I've been there many times.

I was re-deployed by my employers to the job I do now due to long term sickness in my last position.
There was nothing specific that could be pointed to in that job that I could say started my problem. It was a builld up of the whole job.
All that was about 5 years ago now.

Trade Union: Yes there are a few but my own silly fault I never joined! HR said that they doubted I would be able to join now as 'meetings/discussions were already in progress'..

Regarding using holiday leave..HR did mention during meeting that they thought I was 'automatically entitled to rehab' without using my holidays...but that they would check up on the matter.
I got the feeling that they knew for definate what the score was but said what they did to appease the 'boss' who was there and had suggested the use of holidays.
It is going to be put into writing for me anyway, along with my new contract...
That's another story! Arrggghh!!!!

Anyway..Thank you for your help.

ohreally

KarmaKarma wrote: »

Trade Union: Yes there are a few but my own silly fault I never joined! HR said that they doubted I would be able to join now as 'meetings/discussions were already in progress'..

Get a membership form and complete it tomorrow. HR have their own agenda and there is no barrier to you being represented at further meetings by a trade union rep just because of an HR dictate. Be aware however that you will not qualify for certain union benefits until you've been a member for a qualifying period, usually around 13 weeks, you should get advice and representation the moment you fill in your membership application though. Remember the remit of HR is not to represent your best interests.

Joyful

When I was off for a few weeks and went back part time my employers had me use my hols for 50% of the time I was not working and they paid the rest.

Savvy_Sue

When I had a phased return I was down as sick for the days I wasn't working. Still had my full holiday entitlement.

KarmaKarma

Hi guys....
Just received a letter confirming my phased return to work etc...
At the bottom they wrote, 'you agreed to use your annual leave to return to work on a phased basis'

I did f%&$*$g not!!

HR woman was suposed to be checking it out, as said above, and would let me in the letter if I had to take a/l....but saying I agreed is not what happened!
Shaking with anger here...nothing I can do until Monday.
Gonna be on that phone to boss lady first thing. Cheeky froookers.
Grrrrrrrrrrrrrrrrrr

In regards to union...form came yesterday..I filled it in straight away and sent it back. They may come in useful in the future....prob can't do anything now?
HR said it was like 'buying car insurance after a crash'

Need to go calm down...feeling upset now.

KarmaKarma

Lady_S

I had the same problem. I had a phased return to work, and because I was working less hours they asked me to work 6 days the first week. If I didn't they wanted me to use my holiday entitlement. I refused on both counts and in the end on my fifth day in ( I was doing very reduced hours). I fell about in tears due to the pressure.

Anyway, it made them realise I was doing all I could, and made things easier. Glad to say I am working full time now and its all tickety boo.

ohreally

KarmaKarma wrote: »

In regards to union...form came yesterday..I filled it in straight away and sent it back. They may come in useful in the future....prob can't do anything now?
HR said it was like 'buying car insurance after a crash'

HR is wrong to say that, it will be a union decision whether you qualify for assistance, not an HR decision.

Ask the union to support you with this in all future meetings and copy your union in on existing and subsequent documentation. If your sending emails to HR, ensure you cc a copy to your union, at least HR will then be aware of a union interest.

Dispute HR's statement that you agreed to fund the phasing from your A/L entitlement.If it becomes contentious, request to be copied in on the meeting notes when this took place and was allegedly agreed.