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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Sickness and annual leave

30 replies

pzyck · 27/01/2023 11:48

I'm due to return to work from maternity leave next month and have had a meeting with my line manager. Unfortunately I still have postpartum health issues which I am receiving support for, and my GP is willing to sign me off until I am fit to return to work.

During my meeting I provided full disclosure around my current health status/history and my GP's opinion. My line manager stated I had a reasonable amount of annual leave accrued and said I could just tag this onto the end of my maternity leave instead of going sick.

Extending my leave with annual leave was always my plan anyway, but the way my line manager proposed it to me suggested that they wouldn't acknowledge the fact I wasn't fit to return to work. Either way I'm not safe to perform my role as it stands currently but I feel like this is a bit of a sly way of them getting my annual leave entitlement down at the same time as not having to entertain paying sick pay.

OP posts:
RewildingAmbridge · 27/01/2023 11:50

How much sick pay do you get? Are they suggesting it as your annual leave will pay you better than sick leave? It will also keep you out of ill health capability process for longer, if it's likely something you can recover from?

Youcangoyourownwayyyy · 27/01/2023 11:51

Nope get signed off sick and keep your annual leave!!

BernadetteRostankowskiWolowitz · 27/01/2023 11:52

At my place you can't take AL if sick. If you go off sick before AL and are sick the whole time the AL is put back onto your allowance.

I'd say they don't want you returning after (say) 3mo the sick leave, to then have to accommodate your AL. Which is shit of them.

devildeepbluesea · 27/01/2023 11:52

How long are we talking about here? Are you likely to accrue loads more annual leave whilst off sick?

Obviously you’re entitled to go off sick if your GP agrees you’re not well enough to work but I think you need a wider discussion about timescales, expectations and options.

Original poster
pzyck · 27/01/2023 11:54

@RewildingAmbridge Sick pay is full pay so it wasn't a suggestion from the stance of benefiting me financially. I certainly do hope that I will recover (no reason to think not), but not acknowledging my sickness also means that they will not refer me for any further support from OH that I might benefit from.

OP posts:
Bellalalala · 27/01/2023 11:55

If you are taking it off as annual leave they won’t acknowledge that you are too sick to return, until the annual leave is over. That’s not necessarily a bad thing.

Are you saying you won’t ever be well enough to return?

Unless you get paid full sick pay, you would be better off on annual leave.

I don’t think you can assume it’s a bad thing. Both have positives and negatives.

Bellalalala · 27/01/2023 11:57

pzyck · 27/01/2023 11:54

@RewildingAmbridge Sick pay is full pay so it wasn't a suggestion from the stance of benefiting me financially. I certainly do hope that I will recover (no reason to think not), but not acknowledging my sickness also means that they will not refer me for any further support from OH that I might benefit from.

But they will when you are ready to return. Or are they saying you must be sick to have OH involved?

Anywhere I have ever worked haven’t need you to be sick to refer to OH.

Original poster
pzyck · 27/01/2023 12:01

@devildeepbluesea I actually want to reduce my hours and go PT, so I am not looking to continue racking up A/L at a full time equivalent rate or anything.

It is difficult to put a time frame on it - I've very much unintentionally lost a considerable amount of weight (and continuing to, I'm now regarded as underweight and am practically skin and bone) and am near constantly ill, which it's assumed is related. I'm under a dietician and waiting on a referral due to my blood results.

Believe me when I say I want to get better as quickly as possible as I have never felt so physically sht in all my life.

OP posts:
RewildingAmbridge · 27/01/2023 12:04

In that case, respond and say I'm really not well enough to be in work, so it wouldn't be honest for me to be on annual leave. Here is my doctor's note, I'd like a referral to OH.
Also PP is right you don't have to be unwell or off sick for an OH referral

Pigsears · 27/01/2023 12:04

If you went on sick leave, could your partner also take family leave at the same time so they could care for you and the baby?

Original poster
pzyck · 27/01/2023 12:05

@Bellalalala The issue is that OH would need to perform an assessment to determine what/if any support was appropriate and make a judgement on my fitness for work. If they write to my employer and say I'm not fit for work then there will be some documentation that could land them in trouble if I decided to challenge their decision to put me on annual leave instead of sick leave in future. This is my interpretation of why anyway.

OP posts:
Chilliee · 27/01/2023 12:07

It's sick, not AL

Original poster
pzyck · 27/01/2023 12:08

@Pigsears Oh how lovely that would be!! But unfortunately not, he's out of the house for 14 hours, 4 days a week and has been since our daughter was a month old. He does his best to give me a break whilst he is off but he's also in the middle of a master's degree so has assignments and deadlines to meet.

OP posts:
BernadetteRostankowskiWolowitz · 27/01/2023 12:09

Take the sick leave.

Charlize43 · 27/01/2023 12:19

Get your GP to sign you off sick and let them suck it up!

SweetPetrichor · 27/01/2023 12:24

Definitely go with sick leave. You shouldn’t have to take AL for this. In my job, we are encouraged to reclaim AL if we are ill during time off.

kegofcoffee · 27/01/2023 12:28

One thing to consider is how long you can hold onto your annual leave for. Mine expires if not used within the year it was given.

That said if your get full pay for sick then it doesn't really make a difference. Unless you run out of sick allowance, but your holiday allowance has 'timed-out'.

Lovesacake · 27/01/2023 13:01

Just remember your sick pay will be limited to a certain number of days a year, once you’ve used them you’ll drop to half/nil pay. So I’d maybe save the sick leave in case you need it later- use the annual leave initially and then see how your health is at the end of that. There’s nothing to stop you being signed off sick after the annual leave if you’re still not better.

emmathedilemma · 27/01/2023 13:26

It's quite normal to be asked to take a pro-rated amount of annual leave before you return from maternity - so say you return half way through the leave year you'd be expected to use those days before you return from mat leave, or maybe at the start of your return to allow for a shorter working week to break yourself back in and baby into nursery / childcare BUT if you are ill then you should be on sick leave and accruing annual leave as normal until you return.

2ManyPjs · 27/01/2023 13:33

pzyck · 27/01/2023 12:05

@Bellalalala The issue is that OH would need to perform an assessment to determine what/if any support was appropriate and make a judgement on my fitness for work. If they write to my employer and say I'm not fit for work then there will be some documentation that could land them in trouble if I decided to challenge their decision to put me on annual leave instead of sick leave in future. This is my interpretation of why anyway.

If they write to my employer and say I'm not fit for work then there will be some documentation that could land them in trouble

That's their problem, not yours. Your focus should be on you, and getting better. Take the leave as sick leave with your doctor's note, and return to work when you and your doctor judge you are well enough to do so, with your annual leave still available to you.

BernadetteRostankowskiWolowitz · 27/01/2023 13:33

So I’d maybe save the sick leave in case you need it later

She is sick now. That is what it is for. Her AL will keep. It won't be taken off her.

MrsPinkCock · 27/01/2023 13:38

You can take it as annual leave if you choose to do so.

However, they cannot force you and your leave will continue to accrue.

Get signed off sick.

NoSquirrels · 27/01/2023 13:39

It depends if you actively want to trigger the sick leave now, or if you want to in effect buy a bit of extra time before that happens.

If you’re hoping to get better and it’s not necessarily a long term issue, then AL could be useful for this so that you don’t have it on your record.

There’s pros and cons. I wouldn’t necessarily think it’s a negative suggestion by your manager. And equally they’re not saying you must be ale annual leave - the ball is in your court.

Viviennemary · 27/01/2023 13:41

You do sound unwell so taking sick leave is certainly preferable to annual leave. But it depends on how much paid sick leave you can have.

NoSquirrels · 27/01/2023 13:42

if I decided to challenge their decision to put me on annual leave instead of sick leave

You don’t have to agree to use annual leave, it’s just a suggestion. It shouldn’t be presented as a decision - your manager said you ‘could’ not you ‘must’.