Annual leave caaried forwrd after sick leave

[Abdel]

Dear Caggers,

 

I have worked for NHS as a community nurse for nearly 30 years now. Last financial year (April 2013 to end of march 2014) I had two major operations. The first operation was in may 2013 and I took 4 weeks paid sick leave. Then I had a second more complex one in October which landed me in a coma for 10 days. I had 3 months sick leave.

 

 

I went back to work on 20th January 2014. I was put on a phased return for 6 weeks ( which incidentally was pretty much full time work) . My Case load was very busy and no one at work mentioned to me I ought to use up my annual leave before the end of the year. Then around beginning of march I was asked to go and take up post in a different team that was short of staff to help out for a short period of time ( one year). I agreed to go and started in the new team on 7/4/14.

 

On my part I assumed because of my special circumstances I would not have any problem carrying it over. Recently I have had my annual leave balance from last year checked. I was told from my yearly entitlement of 33 days I had only taken 13 days which leaves 20 days annual leave to carry over to this year.

 

Well my new manager is not happy and is quoting Trust policy that if any one goes on long term sick (21 days and over)then the amount they can carry forward in the next year is based on a 28 day 'statutory' entitlement. However if they were able to take their full 33 days within that period of a year it would be fine.

 

My case is, I argue, exactly that after returning from my sick leave in Jan 2014 I was put on 6 weeks phased return. After that I was then asked to go and help out urgently in a different team who was short of staff. As stated above I picked the new team on 7/4/14.

 

I argue that no management person or occupational health ever informed me of this supposedly recent change and no one encouraged me to use up my leave upon me returning to work in January. On the contrary there was an urgency for me getting into a new team to help out. There was also very little time left for me to exhaust all of my 33 days annual leave from last year.

 

I feel I am being penalised for being unwell. has any one experience any such problems? can anyone provide useful advice?