Time off work for hospital appointments?

LilacLillie · 10 October 2007 at 7:14PM

I have checked online with ACAS, DDA and Equality for Human rights, but its evening and I can't find any information that I can print out for this problem.
Is there anyone who can help point me in the right direction for some advice please?

My DH is a diabetic (3yrs since diagnosis), he has often missed hospital check up's on the basis of having to take time of work as sick or annual leave. Because he 'feel's' ok on his medication, he thinks he isn't doing himself any harm!
I disagree.
Last year I registered him with our local authority as 'Disabled'.
They explained to me that in doing so it is against the law to not allow him time off of work for these appointments.
I am only talking about 3 appointments this year so far, with hospital letters to verify them.
He saw his consultant on Monday and his boss wasn't pleased that he had to go because they were busy (he works in management for local council), even though he showed him the letter 2mths ago.
He has had no time off sick due to his diabetes in the last 2 1/2 yrs and only 5 odd days off for other ailments this year.
The government has arranged for everyone with diabetes to attend a course of 1 day a week for 4 weeks, to enable them to take more control over their condition.
My DH took his letter to attend the course (due to start in Nov ) to his boss in May.
After leaving work 2 hrs earlier on Monday for his appointment, his boss sent him an email today stating that any further time off for his hospital appointments must be taken as sick/AL.
I know this can't be right, but need to know his rights on the matter.
He has worked in this job for 14 yrs and doesn't want to now get a bad sickness record.
Council policy is something like 11 sick days a year before you get pressured into sickness procedures and sent to OH.
What can we do ??????
Thanks in advance
LL

dmg24 · 10 October 2007 at 7:51PM

The employer is correct. They may insist that he takes it as annual leave or sick (indeed, some employers will not allow employees to take the time as sick unless they are actually unfit to work at the time of the appointment).

Js_Other_Half · 10 October 2007 at 8:46PM

He really should have a word with his union rep, but I'd be amazed if there were any problems with him taking the time off. One of my former colleagues had a physio appt every week for months with no issues...

I work for a council too.

Js_Other_Half · 10 October 2007 at 8:54PM

http://www.unison.org.uk/bargaining/equalities.asp

Disability leave factsheet
Disability leave is time off from work for a reason related to someone's disability. It is a type of 'reasonable adjustment' which disabled workers are entitled under the Disability Discrimination Act.

Word document (876544 bytes)

Savvy_Sue · 10 October 2007 at 9:02PM

He needs to read his contract as well: I used to work for a Housing Association, perhaps our T&C were more generous than the local authority's, but I thought they were broadly similar. Anyway, we could get time off for any hospital appointments, it showed on our timesheets as 'other', we didn't have to work the flexi to make it up, and it definitely wasn't sick leave.

Any appointments where we had some say over what time they were should have been booked outside core hours and the time made up. But if the appointment was sent to you, then you just got the time off.

cazziebo · 10 October 2007 at 9:52PM

I'm surprised council is so strict - I thought public sector might be a bit more understanding..

My understanding (untested as I haven't had to check for a while) is that an employee with a registered disability must be able to take time off for medical appts, but there isn't a requirement for the employer to pay for this time.

ohreally · 10 October 2007 at 11:08PM

To concur with others, he has protection under the DDA and time off work to attend medical appointments would be deemed a reasonable adjustment.He needs to raise this with his union and if there is employer resistance the next step may be to go to grievance.

LilacLillie · 10 October 2007 at 11:27PM

I don't know what exactly IS right, but do know that the employer should accomodate in some way by DDA rules.
What I'm after is something to show them stating that.
Everyone seems to know that you can no longer discrimate against disabled people but who do you turn to for facts, or when they do?.
The person I spoke to when I registered him disabled said 'All employers must be seen to be PC'.
I'll try to call them on Friday (out all day tomorrow) and see what they come up with.
LL

dmg24 wrote: »

The employer is correct. They may insist that he takes it as annual leave or sick (indeed, some employers will not allow employees to take the time as sick unless they are actually unfit to work at the time of the appointment).

Madjock · 11 October 2007 at 6:35AM

diabetes isn't a disability so i dont think it's covered by the dda is it?

Fleago · 11 October 2007 at 7:35AM

I concur with the other posters who say that your husband is entitled to time off for his hospital appointments related to his disability. Moreover, in legal terms, Diabetes is considered to be a disability under the provisions of the Disability Discrimination Act.

Whether he is paid or not depends on the frequency of his apointments - if he was having a lot of time off on a very regular basis an employer might cite justification in not making the reasonable adjustment of paying him for this time. However, given what you've said, his appointments are few and far between and I would think there would an argument to say that he should be paid for them.

Oh really has given good advice for your OH to contact his Union and possibly raise a grievance, but should he not be in a Union, or if he doesn't feel quite ready to go down a formal route, it may be useful for him to contact the HR section of the Council directly and explain the situation as it could be this manager is acting off his own back without any reference to the Council's procedures. If he's not in a Union, I would recommend him joining one anyway.

It's my view that his appointments should not be being put through as sickness absence, but as authorised leave and it seems to me that to ask him to take annual leave is also an unreasonable stance for his employer to take.

Good luck to your OH.

PS I've been trying to find something online for you to print off. The DRC site used to have exactly the sort of thing you would need on it, but it's gone now and I can't find anything similar on the new CEHR site.

Larumbelle · 11 October 2007 at 9:51AM

Try calling the CEHR (disability rights commission as it was until about a week ago). 08457-622633. They were very helpful to me in the past and can also put you in touch with local organisations. Sorry I can't help more, only second what other people have said. Good luck.

Time off work for hospital appointments?

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