UNISON has recovered and underpayment of over £11,000 for a social worker member who was not permitted to return to work following illness.
The social worker in children, schools and families had taken unpaid leave in order to seek treatment overseas, and after treatment was fit for work and attempted to return in October 2012. However, management did not permit the return to work, saying they needed occupational health advice.
UNISON did not object to this, however we pointed out that if a member of staff is fit for work but management do not let them back they have effectively placed a member of staff on medical suspension which should be on full pay. However, the member was not paid until they were finally allowed to return to work in late January 2013.
HR have now accepted that the member was on medical suspension and have agreed to reimburse full pay for the time of the suspension.
This is an issue which crops up every now and again so members should be aware of their rights in this scenario. If in doubt talk to your local rep or convenor.