Hi Mary
As others have said, this is quite legal and I am sure is contained within the terms and conditions of employment of lots of organisations with far more stringent and diskensian policies than NHS Trusts. If you are being asked to advise about individuals, there is little you can achieve by briefing against it.
However, I think what you are also being asked is what you opinion is of this as a policy and whether it a) may ultimately lead to an increase in absence rather than a decrease, and b) whether such a policy hinders return to work and recovery. My personal opinion and experience is that if an employer is going to interfere detrimentally with someone's pay (including previously accrued overtime etc) during a phased return to work programme, there is a good chance that they will hinder recovery and increase absence as staff will return later on full time hours rather than earlier on phased hours.
I am also not sure it is for you to advise individual staff about pay, terms and conditions of employers phased returns policies - that surely is for HR and managers.
Thanks
Lindsey
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Mary Smolen
Sent: 15 June 2010 13:21
To: [log in to unmask]
Subject: [OCC-HEALTH] Phased Returns and Annual/Unpaid Leave
Hello List
A new development at our Trust. A Directorate Manager has announced that all staff having a phased return must use annual leave or unpaid leave hours to make up the difference to their contracted hours. As OH we have been asked to advise any staff from this Directorate about this when making recommendations. The practice in the past has always been 'at the Manager's discretion' - which incidentally also caused problems. We strongly feel this new 'rule' will actually increase sickness absence, and are naturally concerned for staff in this Directorate. Does anyone know the legality of this? Advice, information would be appreciated.
Thanks
Mary
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