Annual leave issue

[nutellacrepe]

I'm currently on sick leave with stress and I've got a new (less stressful) job starting in a few weeks time. I've handed in my notice with current employer.

The issue is my boss wants me to take 3 days annual leave before my sick note runs out, so that they don't have to pay me the balance.

Under company policy I would still be getting sick pay in this time if I wasn't taking the annual leave, so it feels a bit like they're just trying to cut their costs by getting me to take it as leave, but can they do this when I have a dr's note?

If you have a sick note I don't think they can force you to take annual leave instead.

They can’t force you to take it. ACAS has guidance on this so it may be worth phoning them.

I suggest an email to manager copied to HR stating that you do not want to take annual leave whilst you are sick and that you want to be paid for it when you leave.

Thanks both. I thought that was the case. It all felt a bit underhand too, because it was put through on the system without even asking me. Good job I noticed it (and that I'm moving jobs as well)

But if you have annual leave to use why wouldn’t you? Probably allowed but seems grabby to me. No wonder people get annoyed when colleagues are on long term sick.

@TeenLifeMum it’s not grabby, it’s an employee exercising their legal/contractual rights.

@Sisterpita yes I guessed that but seriously, being paid sick leave plus annual leave when leaving a work place still poses a moral choice. There’s so much animosity against people on long term sick and this kind of thing is why.

@TeenLifeMum no it doesn’t. The op could not have predicted that they would be sick and sensibly had some of her annual leave entitlement left to use in the future. She then resigned and will be sick to her last day so is entitled to any leave she hasn’t taken.

If you take your moral point, is it morally right that a woman on full pay mat pay gets Bank Holidays to take later when they have already received full pay for that day. My view is they are legally entitled to the BH at a later date.

@Sisterpita I don’t agree with people accruing annual leave while on mat leave (I have 3 dc and it was bonkers to me). I agree it’s not the op’s issue as they are the rules but I don’t think it’s an unreasonable request from the employer.

@nutellacrepe we will have to agree to disagree.

@TeenLifeMum I mean it really doesn't matter what you agree or disagree with, or what you think it reasonable or unreasonable. It's about what is in a legal contract.

Yes you’re entitled to it but I still don’t think your employer is being “underhand” which is what you accused then of being. If you said no then they should respect that.

It was underhand. They effectively cut short a sick note with a GP sign off and reassigned it as annual leave without consulting with me. When I raised it I was told that they thought I'd agreed to it. I had not.

They then backtracked and said it was a misunderstanding. They knew that what they did was wrong.

Probably feel like you’re screwing them over but whatever, legally you’re right.

I really don't understand your view.

I have a GP sign off because I am sick. I am on sick leave for that reason. I've given this company years of service, so I am entitled to paid sick leave under their policy.

The fact that I've handed in my notice doesn't mean it's OK for them to remove my entitlement to paid sick leave. Particularly without even mentioning it to me and hoping that I wouldn't notice.

Yes, totally fine to do/use both and I'd expect you will do so in your next "less stressful " job too.. Take whatever you can get OP, the world owes you.

You accrue annual leave whilst on sick leave anyway, so they need to pay you for unused holiday. Holiday shouldn’t be used for sick leave really, I know you can if you want to be paid for it but if you are signed off you get SSP or enhanced sick pay if your company offers that.

Is there so much animosity about it? When people have posted on MN moaning about a colleague being on extended sick leave, there's usually a landslide of posters saying they're fully entitled to it and STFU!

OP, you're entitled to your sick leave AND your annual leave.

If you used holiday and there was ever an issue it could look like a break in your sickness absence.

Regarding your sarcastic comment about the 'less stressful' job - you have no idea what is going on for me, what this employer/ job has been like, whether they have screwed me over in other ways (hint: they have).

(nb - edited because I thought you were a different poster!)