Hospital appointment entitlement to leave

jenza8

I was referred for physiotherapy 6 months ago and have only just got my appointment through. The problem is that it is during my working hours and as a teacher I cannot just take a day holiday. I have asked the hospital to see if they have an alternative but they do not. My headteacher is saying that he is going to have to think about whether he can 'allow me to go'! Is he allowed to stop me attending a much needed and long awaited hospital appointment that cannot be re-arranged?
He has also said that if he does decide to let me go I will have to fill in a leave of absence form and may not get paid. The thing is that I know other members of teaching staff who have attended hospital appointments (some regularly) and they have all got paid and have not had to fill in leave of absence forms, is this discrimination?
I'm really annoyed because I could have been dishonest, rung in sick, but got paid for the full day, unfortunately honesty is not paying off. Also I'm worried because this is likely to involve a course of physio which means several hospital appointments although hopefully I will have more say in the timing of these.
Your thoughts on this would be much appreciated (even if you think my HT is in the right - I need to know where I stand)!

Savvy_Sue

What does your contract of employment say?

Where I used to work, we were expected to take appointments over which we had control outside our core hours, but hospital appointments were recognised as different. We were not expected to record them as sick leave, just as 'other' leave, and credited our hours as if we'd been at work.

But this wasn't teaching.

What does your union say?

I think your HT is being unreasonable, personally, it's surely in his best interests to see you fully fit. Even though that means you not being there one day.

jenza8

I've chatted to a few close colleagues about this and we all thought that, like you say, appointments over which we had control had to be taken out of work time, but that we were legally entitled to hospital appointments. I don't actually have a copy of my contract! (Something I'd never considered before)!
I've spoken to my union rep and he has looked through the conditions of service handbook that advises on child's hospital appointments, funerals and even driving tests but does not even mention hospital appointments. He is going to look into it for me but as he is also an assistant head I know he doesn't want to get on the wrong side of the HT!

I'm only actually going to be out for 2 lessons and I can't believe the problems it has caused. If I have to fill in a leave of absence I end up having to do it for the whole day.

Savvy_Sue

jenza8 wrote:

I'm only actually going to be out for 2 lessons and I can't believe the problems it has caused. If I have to fill in a leave of absence I end up having to do it for the whole day.

Maybe the head would find it easier to get cover for a whole day? Although surely just arranging cover for two lessons would be cheaper if it has to be bought in!

And as for your union rep, does your union have an advice line you could phone? If not, then ACAS should be able to advise. And who is your employer: the LEA or is it a private school? If the LEA, they should be able to tell you what's in your contract ... and again ACAS will advise (because you are legally entitled to a contract with a certain period, and if you aren't given one then certain things are assumed to be in it!)

bobsa1

I work for an a LA and we would have to take this sort of appointment as leave. You are not classed as sick and therfore it is not sick leave.

I know schools have different conditions of employment but I think your head is correct.

jenza8

I have now talked to the staffing department of my LEA and I am entitled to hospital appointments with pay. I still have to fill in a leave of absence but because I have no control over the appointment and because I cannot just take a day's holiday with being a teacher it is something I am entitled to! Phew! As a point of interest, apparently I am also entitled to doctor and dentist appointments too (although I would always take these out of work time personally). Thank you everyone for your comments and help.

Savvy_Sue

jenza8 wrote:

I have now talked to the staffing department of my LEA and I am entitled to hospital appointments with pay. I still have to fill in a leave of absence but because I have no control over the appointment and because I cannot just take a day's holiday with being a teacher it is something I am entitled to! Phew! As a point of interest, apparently I am also entitled to doctor and dentist appointments too (although I would always take these out of work time personally). Thank you everyone for your comments and help.

Good news then. Hope the appointment goes well.