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Old 25 January 2009, 08:17 PM
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Lisawrx
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Default Some employment/sickness advice needed

I don't want to go into the finer details of why I have been off, but basically I have been ill for a few weeks now. As a result, I have been on the sick.

Anyhow, I am now stuck in a bit of a situation. I am still not well, but this is now under investigation of the hospital and who knows how much longer this could drag out for. The doctor has signed me off for another week, to then go back to see her, and see how things are going. Problem is, now I am only recieving SSP, and well or not, I can't afford to get by on that, so looks like I will have to return. That is fair enough, I thought, as last time I spoke to my boss he was understanding, and said the main thing was I got better, and also they would try and find lighter duties etc. for me to return to, just to get me back into work. However, his tune has changed when I phoned up last week. I explained how although the doctor didn't want me to return, and I was still unwell, I saw no option other than to return due to money situation, and asked if there was anyway I could do a different role temporarily, but just got a nasty attitude to everything I was saying. I even asked if I could even use my remaining few days holidays (need to be taken by end of Jan) so at least some money was coming in, and as it stood I would have been off anyway. Met a brickwall there too.

I spoke to my doctor after this, and she told me to get some advice over this. She doen't want to sign me off, but understands the situation. She probably would so long as I could take it a bit easy, or when I mentioned about outstanding holidays, she said she would sign me off if I could take them, so I had a few more days off.

So the question is, am I entitled to use these days I still have outstanding?

Don't get me wrong by my post. I understand things from a business point of view, and I know their interests come before mine, but I am not the type of person who takes the **** with sickness. I would far rather be well and back to normal and back to work, than this. It hasn't been a pleasant time for me recently to say the least.

Sorry for going on, and thanks for any possible advice.
Old 25 January 2009, 08:36 PM
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bigsinky
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lisa in my experience when one of my staff is off sick they cannot change to annual leave/holidays while a gp certificate is still in force. if they come back to work with a signing off line in which their gp says they are fit for work then yes i could do it.

have you tried Employment Support Allowance (ESA). i can see where your employer is coming from. as a manager i have to judge the sustainability of a job. can i keep a job open if someone is off for a long time, if not then i have to consider dismassal under inefficiency grounds. crappy job and in fact i had to do a dismissal interview last week. final decision will be made by our HR section.

another thing, i cannot "create" another job role to facilitate this member of staff back into work i.e lighter duties etc. or the union and others would jump all over me due to diversity and discrimination legislation. however if under DDA i am required to make "reasonable" adjustment then i have to consider what i can do. your gp also has to consider their duty of care to you as an individual. signing you off even though they still consider you not fit for work.

bottom line is whether your management consider your job sustainable. unfortuately most businesses cannot.

Last edited by bigsinky; 25 January 2009 at 08:39 PM.
Old 25 January 2009, 08:47 PM
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Lisawrx
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Without saying where I work, I will say it's a shop, and there would be a facility to shift things about a bit I would have thought. They have done it before.

I totally understand they can't just invent jobs, but I would have thought because of our previous conversation, they may have been a bit more flexible.

It's bad enough though, being unwell and having this worry on my mind, without work suggesting possible dismissal. Especially considering I have give almost 10 years to them with a very good sickness record until just recently.
Old 25 January 2009, 08:59 PM
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bigsinky
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sorry lisa i dont mean to be negative but the employer i work for employs nearly 6500 people and sickness costs the business about £7m per year. much smaller business tend to be alot more flexible and bosses are more approachable. i have to stick to policy no matter how crappy it makes me feel.

i find it strange that your usually approachable, friendly boss has now changed his/her attitude. pressure from above? penny pinching? have you talked with him/her face to face. have you read between the lines or do you have a gut feeling about this?
Old 25 January 2009, 09:13 PM
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I don't know where the change has come from to be honest. Initially he didn't even know that I had been rushed into hospital, as my Assistant Manager hadn't told him. Like I say, he seemed understandable, and like he was able to be flexible. Now it seems like he has completely changed. I even offered to come in an speak with him rather than do it over the phone.

He is only a new manager, but from something he once said about an employee at his proper store (he is only standing in for us at the moment), she had alot of health issues, and it sounded like she was being treated well.

I don't understand where the change has come from. Like I say, if I was one of these who just threw sickies left, right and centre, I could understand the attitude more. I really inderstand how this is for a company, and that there are policies to follow, I just would have thought there could have been a fairer way of dealing with me. Like I say, I am a long standing loyal member of staff with a generally good record, and for one minute to be accomodating and the next minute not, seems strange to me.
Old 25 January 2009, 09:21 PM
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AllanB
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Much of it depends on your company policy. Most companies allow a certain amount of sickness then its unpaid after that and possibly a dismissable issue.

Ultimately if you have a job to do and sickness prevents you doing this thats not fair on the employer to be expected to take additional costs, especially in this climate.

Hope you get it all sorted I was in a similar situation myself and got a warning on the same day I had worked at the company for 15 years so timing was lousy. I got it sorted when I pushed my doctor to make some calls to the hospital and got a proper diagnosis after 10 years and treatment that cured to condition I had within a few months that had been making me ill for 10 years !


AllanB
Old 26 January 2009, 11:28 AM
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Well my question is now answered. They won't let me use my remaining holiday entitlement instead of staying off sick, even if I get signed off.

Don't read this as me not wanting to work, I do. It's just I'm still not well, can't afford to stay off, but ultimately I want to get back to work.
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