AIBU or is my manager?

[Andromeida59]

Can anyone provide advice?

Back-story, this year I have been in a car accident and this has left me with injuries that are still present and in one case worsening (this is relevant).

I returned to work towards the end of August after a car accident at the end of March. On Sept 18, I spoke to my manager about taking leave over Christmas and she told me I should take it. We briefly talked about dates and it was agreed in principal. So much that I booked a trip away close to Christmas.

As I had so much leave accrued, I put in a request to finish during the last week in November and back in January. I didn't expect to get this but was happy to negotiate. My manager called me to reject the initial request as there was a problem with cover during the first week in December. I proposed that I have the last week in November off, work the first week in December and take the rest of my leave. This was agreed so I sent in an amended leave form with the revised dates and that was, I believed, it.

I have been diagnosed with hemiplegic migraines that mimic stroke and I was off for three days. On my return to work, we were discussing my health, I replied that I hoped to get through the first week in December, have time off in December and I would have hopefully improved by January.

I have spoken to my manager about this on several occasions. The last occasion was during my supervision meeting on Wednesday. She commented about me off next week, back in the week after, off the week after that and back in the week.leading up to Christmas. When I corrected her and said that I had 3.5 days left. She told me that she had not authorised the week of the 17th but she would try and authorise it. I received and email late last night rejecting the request for a number of reasons.

I want to know AIBU in short because:
This was discussed and agreed verbally on Sept 18th
The request was put in writing on the 15th and amended to the negotiated date on the 24th. I have spoken to her about this time off either about going away or in regard to my health. If I had known about this, I would have taken the time during November as I'm struggling to be in work and am supposed to be on lighter duties.

FYI, I work for a charitable organisation that manages volunteers. I also have a deputy who has been aware of my dates off and has not booked leave as they have not wanted to as they've had lots over November.

Apologies for the long read.

You're not being unreasonable, but as long as they give twice as long notice as the time off being cancelled, they can cancel it. Are you able to take your outstanding days off at another time?

I am so sorry you are going through such ill health. To be honest it sounds to me you need the rest of the year off to improve. Can you get a doctors note?

Honestly if they're being difficult I'd just go to the doctors and get signed off. You obviously need it and it sounds like you're struggling. I assume they're not giving you lighter duties so you've just been trying to get through til your leave and now it's been rejected? Just go and get signed off and recover properly.

Have you got any proof of the revised time off being agreed, email, any form of a signed paper trail at work etc? Anything that could be used as evidence that the leave has been agreed?

I would sign off sick but as I've had so much time off I've been told that if I have any more sick time before end of March, I'll lose my job. I'm really stuck. I'm planning on speaking to my union rep on Monday but this has just upset me so much. I was so proud of myself for almost getting through to Christmas without having to take sick leave. I know that if I have to work all this time, it will result in me being really ill (think paralysis down right side of my face and arm and not being able to speak plus excruciating migraines).

Hi @ice, the majority has been verbal but the hotel booking is from the evening of the 18th of September after we'd had the meeting earlier that day.

I, admittedly, did not check my leave sheet after I sent it after the amendment as if sent it to her and as I'd heard nothing back plus the discussions, I'd assumed everything was ok.

Hold on how can they tell you that you'll be sacked if you are off sick more? Is that even legal?! Maybe that's why they're being deliberately difficult then? Start doing everything in writing only so you always have proof.

Unfortunately @Edith, they can fire someone if they are off sick as long as there have been enough notices/meetings etc.

Is your manager supporting you generally, enabling you in your light duties?

@Gazelda, they are in some respects and not others. I have been able to work from home on some occasions. However, they were also supposed to put in adjustments in regard to workplace equipment. The request for adjustments was made in March, I was back in August and the adjustments put in place in the past six weeks.

The thing is reasonable adjustments are to enable a person to do their job - not to pay them not to do their job. There is a level of sickness absence that shows you cannot do the job. Your contract will provide details of your permitted sickness absence.
You should have had an agreed, written phased return and agreed support. Your pre accident absence level might also impact on how tolerant your employer is.
Leave does accumulate when someone is on long term sickness absence. It does feel like your manger is being a tad punitive. Do you have an HR department? I might be tempted to seek their advice. Unions are important for collective issues but less use on individual issues, in my experience.

Speak to acas. My experience of charities is they do not practice what they preach.

Totally agree with chronic, charities can play fast and loose. Involve ACAS, HR and union as much as you can.

Hi - in my old job leave wasn't confirmed until I had sent an annual leave sheet with the dates I wanted and had it returned with a manager's initials. This was regardless of any conversation had.

Migraines of any sort are bad enough, but hemiplegic migraines are awful. I had a few, many years ago, and I thought I was having a stroke or something - bloody terrifying. I also got very anxious about having another one: I got no warning, and was scared that one might start while I was driving or something.

Your manager doesn't sound very sympathetic or understanding. Imo, this should be treated as something that requires reasonable adjustments (the WHO included migraine among the most disabling conditions a few years ago). Is there a disability adviser at work that you could speak to?

It's not twice the length of the leave as notice if they are saying you can't have it. That's for when they are directing you to take leave. For saying you cannot it's just the length of the leave as notice. (See S15 of the Working Time Regs).

I think they are being unreasonable but in reality there is very little you can do except reason with them.

With regard to the sickness leave, are your issues likely to be considered a disability? If so you may be able to negotiate changes to the trigger points they use for sickness.

How long have you worked there and have you to date had any informal or formal cautions regarding your sickness absence? If you've been there more than 2 years they cannot just sack you for being off sick - they need to follow a fair process. Is there any attendance management policy in place?

I don't think you can do much on the annual leave except appeal to their better nature but I would take advice on your absence and them threatening to sack you.

Thank you all for your help. I certainly will be speaking to my union rep on Monday. In regard to my leave sheet. I hadn't checked it as we'd had a conversation, I'd sent in the amended dates as agreed and not heard anything further. I'm going to have to talk to them on Monday and hopefully sort this out.