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Help! Holidays accumulated during AML and sick leave + phased return etc

5 replies

Tryn2hrd · 01/02/2007 18:00

Hi
Can anyone give me advice on a few things as my head is all a mess trying to sort things out. First of all I took AML due to sickness and was signed off when that ended, I had hoped to return at the start of Jan but was told I had to take 7 weeks hols first, so far so good Occu Health have advised that I have a phased return and as work in a call centre not to go on phones for 4 weeks and only 18hrs max per week. I had hoped that I could do my 18hrs at set times set days but now my manager has said that they want me back on phones by 3 weeks and then doing rotating shifts. I cannot possible do the shifts like this as no nursery will allow it and I hae no other form of childcare. They are also paying me for my holidays but only 18hrs per week (I had 200+hrs hols to take). Surely this would mean I am on holiday for longer as they would have to stretch those hours over the month. Can anyone make sense and tell me what to do please. I dont know if I can face going back when it seems like they are trying to be difficult as everyone else I know has been given their flex hours.

OP posts:
PoppiesMum · 01/02/2007 18:12

How many hours a week were you contracted for before maternity leave started?

Tryn2hrd · 01/02/2007 18:16

Hi I worked 38hrs previously.

OP posts:
radcliffe · 01/02/2007 18:19

Firstly,it appears that your manager is going against Occ Health advice you should point this out. If you get no joy with him/her either go to HR or Occ Health.
Secondly you have a legal right to request flexible working and they must fully consider this. They should invite you to a meeting to discuss your request and if they refuse they need to give you business related reasons in writing. You then should have the right of appeal.
If you get nowhere you could put a claim in at an Employment tribunal for sex discrimination but obviously it is better to fresolve internally.
The holiday issue: what are you contracted to work, have you asked to go part time?

radcliffe · 01/02/2007 18:24

Also if the medical advice is to put you on recuperative duties of 18hrs a week they should pay you full pay you should not need to make up the time using leave.

It is a bit of a difficult one to advise on like this

lexiemum · 01/02/2007 21:30

agree with radcliffe

will also add that it may be useful to identify other people in you workplace that have special arrangements for childcare.

you really need to meet with occ health, hr and your line manager to work through.

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