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Question
Posted by: Belle | 2010-03-04

back problem

In the last 18 months I have been the unfortunate person to have to have had 3 back operations, with the result I have had 6 weeks recovery period each time. Included with that sick leave I have also had to have bed rest before operations etc. A long story. I have certificates from the specialist for each time I have been off. I am in charge of finance and they don''t replace me while I am off so I do keep in contact, phone and email and work off my laptop etc. At times I have gone from my bed into meeting as well. In my contract I am entitled to all the school holidays but being in finance all the holidays are over month end and so is my year end and my debit order are set to go off on the first day of the month. I do spend a lot of the school holidays in the office and I do work a lot of overtime as I need to see people after office hours on a regular basis.
I have now been told that I need another operation and if I don''t have it the nerve in my leg will die and the longer I leave it the more it will die. I am partly cripple at the moment and in permanent pain but still go to work. My operation was set for next week and have now been told that my sick leave has been used up and I will not be paid. Do I have any " leg to stand on"  as my work has always been up to date and I have always worked in the holidays as well?
Will really appreciate your input as I feel very upset by their attitude but I do realise they are trying to set a precident. I have been of for 154 in a 3 year cycle and have been told that I am lucky that they are not making me pay them back. I would prefer to pay them back as I do not like owing anyone anything.
I would appreciate your comments. Thanks

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Our expert says:
Expert ImageLabour lawyer

re:BACK PROBLEM

Unfortunately you have been rather badly affected and I understand some of the problems that you have had to go through. However, the sick leave is run on a three year cycle and your employer can certainly demand that you take leave in excess of the 3 year cycle as unpaid sick leave.

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Our users say:
Posted by: labour lawyer | 2010-03-05

re:BACK PROBLEM

Unfortunately you have been rather badly affected and I understand some of the problems that you have had to go through. However, the sick leave is run on a three year cycle and your employer can certainly demand that you take leave in excess of the 3 year cycle as unpaid sick leave.

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