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phased return to work

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louise26 | 09:16 Sun 08th Jan 2012 | How it Works
8 Answers
Hello,

I wonder if you can help? I'm due to go back to work soon, after being off sick for nearly a year, due to having a malignant brain tumour. I have been assessed by occ health and can return to work on a six week phased return. I know about the increasing hours, but i'm not sure how the pay works? I have had six months full pay and by the time I go back six month half pay. Will I get paid just for the time I work? will I have to use accrued holiday to make up the shortfall? (could really do with having the holiday as holiday) or is there a benifit that might be able to help me out.
Thank you inanticipation of your replies.

Lu
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This is what direct.gov says

"Sickness
In light of a recent European Court of Justice (ECJ) ruling, the following is applicable if you become ill during your holiday or just before you were due to take it. You can ask to convert the period of holiday concerned to sick leave and ask to take the missed annual leave at a later date.
You should follow the usual procedure for telling your employer you are ill (eg letting them know as soon as you can or providing medical certificates). If you are not sure what your normal process is check your employment contract, staff handbook, or intranet.
You may be unable to take all of your holiday entitlement within your leave year because of illness. In this case, the ECJ judgment also means you may be entitled to carry forward the entitlement you would otherwise lose to the next year.
If you need further guidance on this subject, please contact Acas for advice.
Acas (Advisory, Conciliation and Arbitration Service)"
http://www.direct.gov...dholidays/DG_10034711

It appears you may be able to carry it forward to the next year. ACAS can help you

As for pay? I really don't know, but again ACAS can help. You have been very lucky to get full pay for 6 months then half pay for another 6, well done your employer.
Do you have contact with Macmillan at all? They have excellent benefit advisor's who will know exactly what, if any, benefit you are entitled to now and in the future.
gl with returning to work
It will depend on your employer's sickness pollicy, you need to find out what that says.

You should be allowed to take your holiday accrual anyway, holiday is allowed to accrue during sick leave - but I recall one instance where someone came back on part time hours on phased return and was able to claim half sick pay ongoing for the difference in hours.

Occ Health and your company HR department will be able to help with your company's policies - no need for ACAS until you know what your company policy is under these circumstances.

This should all have been explained to you in the letter confirming your phased return to work!
ACAS can act as in advisory capacity for the employee - it is sometimes easier to talk to someone than read it
In my experience, generally when an employee returns to work after a long period of absence when their employer has been funding part of their sick pay, it resets the start point so effectively 'full pay' restarts whilst on the phased return.
But there is no God-given right to this and employers' policies vary. You should ask your employer for clarification.
Question Author
Thank you so much for your advice. I'm awaiting contact from my union rep, and I am due to go and see my manager, so hopefully I should soon have some idea of my employers policy.

Thanks again,

Lu
if your doctor certificates you for phased return the time you are off is classed as sick time still as you are unfit to work for part of each week. if it is just your OH dept then it is very much down to company policy.

Six weeks is quite a short phased return after a years absence hopefully there will be reviews and the possibility of extending this period if you need to
I work for the NHS and if ever i go back to work on a phased return i have to use any outstanding holiday entitlement to make up the hours i do not work. This really is no incentive for me to return to work earlier than i need to (i have ME so do have a couple of sickness occasions when necessary). The last time i went back to work i just went straight back to my normal hours as i knew that i would need to keep the holidays for when i start to get tired. Perhaps your doctor needs to give you a fit for work certificate but stating that you are only fit for the amount of hours agreed. I think that way they have to pay you your normal pay.
Question Author
Thank you for all your responses. I have arranged with my Manager, H and S, HR, Union Rep and Occ Health, a meeting later this month and hopefully get a clearer picture.

Thank you all again,

Lu

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