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Mary, This is a contractual/HR issue and a lot depends on the employee's contract of employment, but there's nothing intrinsically illegal about this. There's certainly no legislated automatic entitlement to anything other than SSP. If you stick to the OH issues and give your advice based on these, it is all much simpler. If the individual can't work full hours, but is capable of working reduced hours, this is what you recommend. Don't get drawn into the arguments that "it's not fair" or related issues; simply refer the individual back to HR. If the individual is capable of restricted work, don't dishonestly/fraudulently declare them unfit for all work, so that they can retain their holiday entitlement. You will lose your reputation for impartiality and possibly your job. I hope this helps. Dr Trevor Maze | 22 Orpinsmill Road, Ballyclare, Co. Antrim, Northern Ireland BT39 0SX t: 028 9332 3341 | w: http://www.environMED.co.uk m: 0778 222 4890 (texts) | w: http://TheMRO.co.uk f: 0870 134 0714 | w: http://www.jabs2go.com -----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 ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH