AIBU to go to HR about sickness?

[elefern]

I went off sick this year, but I’d already taken two weeks off prior to this, that ended up being within my sickness period.

Shortly after going off sick, my boss rang me and said HR were worried about the amount of holidays I’d have left by the end of the year. He said he could keep my two weeks sickness as holiday instead, as this would look better on my sickness record.

I agreed as I knew I wanted to leave in 2023 anyway, and I wasn’t sure of protocol. However, since then, people have mentioned to me that my boss shouldn’t have called me while I was off sick, unless he was asking how I was. They have also suggested he shouldn’t have put my sickness down as holidays.

I’m wondering whether to go to HR about this now. Does anyone know if there’s anything they could do i.e. give me the holidays back?

Thanks!

He can't do that, in fact if you are on annual leave and end up unwell, you can claim your annual leave back (most people don't unless they are very unwell/break a bone etc).
He cannot tell you to take sickness absence as annual leave/holiday. It falsifies your record for a start.
Are you in a union?

Oh and yes go to HR!

Did you get a Gp fit note whilst you were off for the two weeks? You can only self certify for one week. If you don’t have a note then they may not honour it as sick and could be unpaid absence.

As I understand , some compact allow holidays to be used instead of sick days, as that's done to the individual companies

*companies

" It's important that both the employer and employee stay in regular contact during absence, especially if it's long term. They should agree: how often the contact should be. if the contact is to be by email, phone or face-to-face meetings.
Keeping in touch during absence: Absence from work - Acas
www.acas.org.uk › absence-from-work"

"When your boss texts you on your day off?
It's not illegal BUT, unless it's in your contract that you have to be in contact outside of work hours, you don't have to read or answer them. You can turn your phone off or temporary block his number during your day off"

"An employee must report their sickness to their employer if they want to take any holiday as sick leave. In this case the employee can: get statutory sick pay for the time they were sick – as long as they are entitled to it. keep the time they were sick to use as holiday another time.
Sick pay and holiday pay: Checking sick pay - Acas
www.acas.org.uk › checking-sick-pay › s..."

So your boss asked you whether you wanted to take some of your sick leave as annual leave -and you agreed to it. He didn’t make you do this, he asked you whether you’d prefer to do this?

You can definitely ask HR whether you can switch it back, but it sounds as if it was your decision, OP.

@elefern @RewildingAmbridge HMRC vs Stringer, employees can take annual leave whilst on sick leave. This is usually when on long term sick and any right to SSP and occupational, sick pay has been exhausted.

An employee who only gets SSP may also opt to take annual leave to receive full pay.

You were asked did you want to take annual leave and agreed to it. Depending how long ago and what evidence you provided at the time of being sick HR may cancel your leave for that period.