Re sick leave and verbal warning

missma

Hi

I am writing to ask peoples views. I work for a caring Charity. I have three episodes on sickness in the last year, these being the 25, 26, 27 February 2010, three days in Jan 2011 and was off from 27 Februry 2011 for 2 weeks and 2 days. The latter was certified by my GP from the first day for a severe rash, and also coincided with the very sudden death of my brother-in- law who was only 33.

The company policy is after 3 periods of sick leave within a year you are given a verbal warning. I have had a return to work interivew with my boss. My boss has e mailed the personel department due to the circumsances of the latter, as the policy states the warning should be at the discretion of the manager. However it seems she is, as with previous employees being forced by personel to issue me a warning and I have to meet with her next week for this.

I have worked for the company 4 years and on checking my sick leave have had 5 episodes of sick leave in total over the four years. These were all 3-5 days sickness apart from the period at the end of February 2011.

I now feel extremely stressed about this, as due to family situations and also that I can not guarantee I will not be sick again. Just wondering others views, I am also annoyed as only one day of my sickness overlaps, thus the organisation is still counting this as 3 episodes in a year. My contract as I have worked for the organisation for 4 years is that I am entitled to 13 weeks full pay and 13 weeks half pay.

Just wanted to rant and get a few views
Thanks

donners

I would have thought that the death of your brother in law would have counted as bereavement and not sickness. You could argue that if your company did not provide such leave, as some only cover immediate family, that you could have applied for emergency family leave. If I were you I would read your terms and conditions and perhaps file a grievnace against your company saying that the death in the family has forced you over the absence threshold and that it should never have been an absence.

Remember you do have 7 days to appeal any decision and I would take that one absence as adequate reason for over-turning the disc.

I take it you have representation? Are you a member of the union? Don't lie down to this

gemini12

I have a friend whose employer issued her with a verbal warning for being off sick with cancer and the after effects of having no immune system due to chemo. This, too, is a "care company". It obviously doesnt apply to the staff.

missma

Yea I am a member of a union, my sick line said Eczema/ Asthma as I went to the doctor on Friday 25th February and Monday 27th with severe rash. The doctor was told on the Monday appointment that my brother in law was in ICU, and my husband phoned on the Wednesday to get me a sickline. The GP had said on the Monday he would issue me one. I feel that I do not need this stress at present.

Jinx

In our company policy a brother in law wouldnt count toward the allowed 3 days bereavement; that occassion would have been all sick.

Re the rolling year, if you are off later in the year it will still be 3 occasions so you shouldnt escalate from the verbal warning as the occasion that ends on 27th jan 2010 will be gone.

missma

I know I think the caring industry seems to be the most heartless. I just do not know what to do should I just sit and take it at end of day they cannot sack me.

missma

Thanks all Jinx, I just wonder if I was off again which I hope not to be that then would then be classed as the third occassion again and I would be given another warning. Also I did not expect to be given Grievance leave for my brother in law, as it is not policy.

lucylucky

Not worth stressing about.

If they want to get rid of you they will, if not then it is just a box ticking exercise to keep HR happy.

Googlewhacker

The point is the manager needs to be equal to everyone so 'managers discretion' could get the company into trouble and the whole point of these systems is to get rid of people that abuse the system.

Occasionally normal people do get caught up in the first warning but bear in mind you probably have a long way to get sacked for this!

Jinx

missma wrote: »

Thanks all Jinx, I just wonder if I was off again which I hope not to be that then would then be classed as the third occassion again and I would be given another warning. Also I did not expect to be given Grievance leave for my brother in law, as it is not policy.

Our policy has just changed; I cant remember if this would then be a written warning or it would stay at verbal cos its still 3 occasions. Anyway our policy is neither here nor there. I would ask your HR department for a copy of the absence and or disciplinary/capability policy so you can see for yourself the implications. I think not knowing is very stressful!

missma

Yea I have access to a copy of the policy going to look at it and take a copy tomorrow. I looked at it the other day but it kind of waffles on so need to re visit and seek some clarity on it. If only I had been off from 28th Feb it would not have counted as three