Legal assistance with employment law and sick leave

Questioner

I have been working in the same hospital as a nurse for over thirty years. After the birth of my children, part-time. Now for years for 32 hours a week. The work gradually became too heavy and I retrained as an ultrasound technician. The hospital paid 50% of the training costs. I graduated at the end of last year and started working in the hospital (within the existing employment contract) for two days a week as an ultrasound technician. That is probably only temporary. I applied elsewhere as an ultrasound technician, I was accepted and was able to start working there for 2 days a week as of June 1 (although the first year on a 0-hour contract). I then asked my hospital to reduce my working hours by 8 hours. (I still worked one day a week as a nurse). Two weeks later I was diagnosed with breast cancer. Chemotherapy would start shortly. I then informed my new employer that I was giving up the new job. That was not responsible (with an hour's drive twice a day). I first informed the hospital verbally that I was withdrawing my request for reduced working hours. After all, my new job was not going to happen. I was told by my team leader that the hospital was not prepared to withdraw my offer for reduced working hours. However, the hospital would be prepared to maintain my 32-hour contract as long as I am sick. Before I received an official response from the hospital, I sent an email to the hospital formally withdrawing my request for reduced working hours. A few days later I received a letter stating that as of June 1st my working hours would be reduced to 16 hours per week. 'In connection with the recently diagnosed breast cancer you wish to withdraw your request for this change in working hours as of June 1st 2014. We will grant this request for the time being. However, when you have recovered 100% we will still process this request and implement it'. I don't know when I will be 100% recovered but hopefully I will be free of cancer within 9-12 months. In the meantime I will continue to work as much as possible. My question is whether the hospital is within its rights to reduce my working hours if I have already withdrawn this request before the hospital has responded. How can the hospital still process a request if I have already withdrawn that request? I have not yet responded to their letter and am looking forward to your response.

Lawyer

First of all, I wish you much strength! Your employer is acting unusually. I agree with you that you withdrew your request in time, so that it no longer needs to be - and can - be processed. You can more or less compare this with the theory of offer and acceptance. As long as an offer has not been accepted, the bidder can withdraw his offer. Please feel free to contact me without obligation if you cannot reach an agreement with your employer. Labor law is my specialty.