Long Term Sick Employee Rights?

[rtbm]

Hello,
I have been trying to search the internet for the answer to this question but cannot seem to find a straightforward answer anywhere, so if anyone can help, it would be appreciated as I have an important decision to make in regards to my job within the next few days as this is when my sick note runs out and I'm not sure after everything that has happened, that I wish to return there. Anyway, my questions are as follows:

a) In regards to annual leave, despite the fact I continue to accrue it whilst on long-term sick, would I need to substitute my sick leave for annual leave during times when employees are required to use annual leave for certain periods, for example, Christmas? At the moment, I have accrued 22 days whilst on sick.

b) If I have been on long term sick, am I still entitled to notice? As far as I can gather, it is up to a maximum of 12 weeks. I have been employed in my organisation since Sep 2003, so I have worked there for just over 11 years. As I understand it, you get a week for the first two years and an extra week for each subsequent year, so I should be entitled to, in theory, 10 weeks notice?

If anyone can help, it would be appreciated and I know I've asked similar questions already but its very important that I have all my facts when I go in to see my employers, come January, as we need to have a meeting to discuss my current situation. Whilst I'd love to have a job to go back to, I just don't feel this job has any real direction any more.

Many Thanks.

[teaboy2]

Re: Long Term Sick Employee Rights?

Hello,
I have been trying to search the internet for the answer to this question but cannot seem to find a straightforward answer anywhere, so if anyone can help, it would be appreciated as I have an important decision to make in regards to my job within the next few days as this is when my sick note runs out and I'm not sure after everything that has happened, that I wish to return there. Anyway, my questions are as follows:

a) In regards to annual leave, despite the fact I continue to accrue it whilst on long-term sick, would I need to substitute my sick leave for annual leave during times when employees are required to use annual leave for certain periods, for example, Christmas? At the moment, I have accrued 22 days whilst on sick.

Depends on if your contract states your to take x days off over xmas period. If it does then yes, if not, then no! Either way you get paid your normal rate for holidays you have to take and those you do not take but have occurred. So you would still get paid 22 days all in all!

b) If I have been on long term sick, am I still entitled to notice? As far as I can gather, it is up to a maximum of 12 weeks. I have been employed in my organisation since Sep 2003, so I have worked there for just over 11 years. As I understand it, you get a week for the first two years and an extra week for each subsequent year, so I should be entitled to, in theory, 10 weeks notice?

Yes if you have been employed for 11 years you'd be required to give a minimum notice period of 11 weeks when resigning. You only get notice pay if the employer agrees to terminate your contract there and then instead of make you see out your notice period! Though you would be entitled to your normal pay rate during your notice period, even whist off sick!

If anyone can help, it would be appreciated and I know I've asked similar questions already but its very important that I have all my facts when I go in to see my employers, come January, as we need to have a meeting to discuss my current situation. Whilst I'd love to have a job to go back to, I just don't feel this job has any real direction any more.

Many Thanks.

See above

[rtbm]

Re: Long Term Sick Employee Rights?

I have another situation which I would like to pose to you and I need some advice, rather badly.

I have been off work for the majority of the year due to extreme stress and illness. The stress due to a Face Book investigation where I was found to have made colourful comments about a colleague, despite my protests to the contrary. Nevertheless, I was given a first warning as a penalty. Also, I have had to endure a difficult medical issue which has kept me off work for the best part of all of this year.

In my heart, I know I do not want to return to my workplace as I think this is going to cause me extreme mental stress and I believe now that the relationships with my colleagues that I have with my colleagues are now beyond repair.

Therefore, can someone suggests what my options are now? As far as I can gleam, I can do one of the following:

* Hand in my notice and hope that the workplace would PILON (pay in lieu of notice) - I have heard that some workplaces can put you on gardening leave.
* Request a transfer to another department within the organisation that is located on another establishment

I can't see what else I can do because I am coming, I believe, to the near-end of my medical treatment now and I believe that my GP will deem me fit to return to work, which is fair enough as I am not one to milk a situation, just to get time off work.

Advice welcome as I am in a bit of a quandary as I am looking for a fresh start, now. I am not in a financial struggle, which is another plus for me.
Should I get in contact with my union and request a meeting with my workplace and come to some type of agreement that would benefit all parties as I think this is the way forward?

Thanks for any help.

[teaboy2]

Re: Long Term Sick Employee Rights?

To be honest Rtbm - Thats not something i or others can give you an answer too, as its a decision you have to make. Arranging a meeting and discussing with your employer your concerns is definitely the right approach.

Bear in mind, if you did resign, you can still see out your notice period whilst off sick, though the company would have to pay your basic wage for your notice period instead of sick pay!