Sick leave in lieu of terminal leave

Discussion in 'Army Pay, Claims & JPA' started by ViroBono, Sep 24, 2007.

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  1. ViroBono

    ViroBono LE Moderator

    I'm trying to advise a soldier, and would be grateful for advice from any G1/ AGC types.

    The soldier was due to leave the army having signed off after several years. He should have had treatment for an injury last year, but for various reasons (none his fault), this only happened two months prior to his discharge date.

    The CoC were aware beforehand that a period of rehabilitation would be required, but nonetheless, and despite the strong medical recommendation that he should be extended, MCM Div decided that the original discharge date should stand. The unit have refused to provide anything in writing about either the decision, or their part in it. All the time that the soldier should have been on terminal leave was taken up with sick leave and physio/med appts.

    At the last minute, an extension was granted. However, the soldier was told that he is not entitled to any terminal leave. I find this difficult to believe, but the unit are again refusing to put anything in writing.

    Is he really not entitled to any terminal leave?
  2. The Medical Discharge should outway the Notice to Terminate if treatment is still required, however, he/she is still entitled to TL (and Resetlement) under Med Discharge (if entitled), and possibly invaliding leave (see the JSP on leave), the Army Medical Services have it in their power to keep an individual in if he/she is undergoing treatment for an injury sustained whilst in service, thus avoiding large compensation claims in the future if the individual is treated and convalesed.

    It is a Med Boards decision as to retention to facilitate treatment of an injury, not the unit's or MCM Div.

    WTF, have MCM Div's suddenly become the authority to speak for Military Medical Consultants aswell?
  3. ViroBono

    ViroBono LE Moderator

    I should have made clear that this is not a med discharge, but a standard 'signing-off'. The soldier has already done a resettlement course, and understands that there is no further entitlement to this. the problem is that he spent the entire period when he should have been on terminal leave either on sick leave (unfit to do anything) or at rehab, and was thus unable to look for a job or make other preparation for leaving.

    This was the reaction of three senior mil doctors who have been involved.
  4. You know what, the Medical Services should get involved, directly, with MCM Div and ask them to extend his discharge date, no, tell them to extend his dicharge date as is within their power, to allow the soldier to take his TL properly, whilst he is undergoing treatment he is on duty is he not, thus unable to take his TL.
  5. Tytus_Barnowl

    Tytus_Barnowl On ROPs

    I took over from a WO who at the end of his career was diagnosed with cancer. The Naval Doctor refused to sign his discharge medical arguing that having treatment for a fatal condition during a transition to civ div was hardly likely to assist a sucessful recovery.
    REME MRO as it was then refused to delay discharge unless he was hospitalised. The self serving cutns further up the chain did not help then, I doubt they will do so today.
    :( :( :( :( :( :( :(
  6. If the retention would assist in the recovery of a soldier the Medical Services do have it in their power to delay a discharge, hospitalised or not, he would be classed TNE (Temprarily Non Effective) under SAM (Sickness Absence Management) after the required time on the sick and looked after by either his Unit SAM team or one in his area.
  7. I was in a similar situation. I complained of not feeling well at my pre med, a blood sample was taken and I was found to be suffering from acute kidney failure and hypercalcemia. I was admitted to hospital where the doctors ruled out any obvious causes to my condition. The following weeks were spent trying to diagnose my condition during which I was told that they were trying to rule out a number of nasties including Multiple Myeloma, lymphoma, leukemia etc. My wife was having kittens and I had f*ck all support from my unit. The only time I saw my boss was when he bought my testimonial into hospital to sign and say "you don't look ill to me!".

    I was discharged from the hospital once stabilized and sent home on sick leave (during my resettlement time and termination leave) and downgraded P7R. I sought advice on my situation, in particular what support I could get IF I found myself too ill to seek work as I left the army. MCM div were consulted and the reply was "Not our problem". I was told that I would not be discharged, I would be discharged, I would be placed on the Y list, not placed on the Y list etc etc

    Anyway, I was diagnosed with a auto immune disease, treated successfully over then next year and am now back to normal self. BUT the way this situation was handled at the time still leaves a very bitter taste in my mouth.

    It must be said that I received a great deal of support from the various resettlement agencies during this period. I received calls of support during my sick leave and all stops were pulled out to ensure that my entitlements were extended after service, but again, this was not initiated by the chain of command.

    Funny how I still miss the army on occasions though!
  8. Tytus_Barnowl

    Tytus_Barnowl On ROPs

    Says it all really. I hope things work out for you.
    PM me if any Qs.
  9. Same thing happened to me, i badly needed treatment but was informed of my md with only 2 weeks until my out date. Request for extension denied and reason given none!!
  10. Spanish_Dave

    Spanish_Dave LE Good Egg (charities)

    I was unable to walk after my MD, I had just had major spinal surgery, the system wouldnt even give my wife transport to see me, an old boy from SSAFA brought her