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Can OH be signed off sick to care temporarily?

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I am disabled and get HRM & HRC and shortly due to undergo major surgery. Last time I nearly died. The NHS have only been able to give us two weeks notice and although my husbands employers knew an op (and therefore time off needed for him to care for me) was on the cards. The very hour I heard they were informed. They're now saying its inconvenient (he works for sainsburys) and making it difficult for him at work. He has never had a day off in the 6 years he's worked for them other than holiday and is always very flexible whenever they need extra cover. Is it possible for our GP to sign him off "sick" to care for me post op? The recovery period where he'll need to be off would be approx 3 weeks. Currently he hasnt used any holiday entitlement this year but they are refusing him holiday because of the short notice. But as ive said the NHS didnt give us any greater notice. Any advice would be greatly appreciated thank you x
Grocery challenge June 2016
£500/£516.04
Grocery challenge July 2016
£500/£503.73
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Comments

  • Torry_Quine
    Torry_Quine Posts: 18,872 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I am disabled and get HRM & HRC and shortly due to undergo major surgery. Last time I nearly died. The NHS have only been able to give us two weeks notice and although my husbands employers knew an op (and therefore time off needed for him to care for me) was on the cards. The very hour I heard they were informed. They're now saying its inconvenient (he works for sainsburys) and making it difficult for him at work. He has never had a day off in the 6 years he's worked for them other than holiday and is always very flexible whenever they need extra cover. Is it possible for our GP to sign him off "sick" to care for me post op? The recovery period where he'll need to be off would be approx 3 weeks. Currently he hasnt used any holiday entitlement this year but they are refusing him holiday because of the short notice. But as ive said the NHS didnt give us any greater notice. Any advice would be greatly appreciated thank you x

    It's entirely the GP's decision whether it would be appropriate for him to be signed off. However I doubt this would be deemed appropriate as your husband isn't actually ill.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
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  • pmlindyloo
    pmlindyloo Posts: 13,091 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Since your husband's work is now aware of your operation then it wouldn't be sensible to ask your doctor for a sick note for your husband as he is not ill and work will be aware that it is a 'set up'.

    You need to approach this another way.

    Your husband needs to put his request in writing to his manager. He needs to explain the short notice and can request that it is taken as holiday or as unpaid leave.

    He could also cc the letter to the area manager or to whoever he deems most appropriate.

    I would be very surprised if this request was refused in the circumstances particularly if your husband has never had time off before.

    A big company like Sainsburys would not like the bad publicity if they refused such a request.

    It may be that someone has just voiced it being a problem. That it why it is necessary to get it in writing. (obviously keep a copy)
  • Tehya
    Tehya Posts: 501 Forumite
    As a carer your husband has the right to request this time off but his employers don't have to grant it though they do have to explain why they're refusing. I'd definitely try again, in writing as pmlindyloo mentions, and see what happens.

    I very much doubt a sick note would even be offered as your husband isn't the one unfit for work.
  • As it would seem very coincidental that he happens to have a bad back, viral infection or stress just at the point at which they said they didn't want him to take time off, it could open up a world of problems.


    Has he actually had this confirmed by HR that it's unacceptable, or is it just the line manager being a git?
    I could dream to wide extremes, I could do or die: I could yawn and be withdrawn and watch the world go by.
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  • Thanks for all your replies so far and I agree that going to the doctors isn't the way forward. He's looked into it further and sainsburys are "very proud of their carers package" so has printed details of this off and hope that it shames them into granting him time off x
    Grocery challenge June 2016
    £500/£516.04
    Grocery challenge July 2016
    £500/£503.73
  • is he a member of usdaw or any union?maybe they could help?
  • Francesanne
    Francesanne Posts: 2,081 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I've heard through several people that Sainsbury's aren't the most compassionate of employers, even when very severe health issues are involved. All the best with your operation.
  • Thanks for all your replies and yes he is a member of the union and theyre trying to help. They're now saying as his department doesn't have the budget for his first week off (as he didn't give them 3 weeks notice) he'll have to take that off unpaid but will pay weeks 2&3! Call me old fashioned but as he's allowed 6 weeks paid leave per year and budgets are also set per year and we've just entered a new sainsburys tax year his 6 weeks holiday is going to have to come out of these budgets anyway whether he takes them now or in January next year! It just smacks of being bloody minded! They've said that there's not anyone capable of doing his job so my response was, if that's the case then they should be paying him a hell of a lot more if even the store manager doesn't know how to do his job!!!! I am so angry and as my hubby is always one for a quiet life I know he won't push the issue but the bottom line is we can't afford for him to take a week unpaid especially as I'm self employed and currently not working so not getting paid either.
    Grocery challenge June 2016
    £500/£516.04
    Grocery challenge July 2016
    £500/£503.73
  • Thanks for all your replies and yes he is a member of the union and theyre trying to help. They're now saying as his department doesn't have the budget for his first week off (as he didn't give them 3 weeks notice) he'll have to take that off unpaid but will pay weeks 2&3! Call me old fashioned but as he's allowed 6 weeks paid leave per year and budgets are also set per year and we've just entered a new sainsburys tax year his 6 weeks holiday is going to have to come out of these budgets anyway whether he takes them now or in January next year! It just smacks of being bloody minded! They've said that there's not anyone capable of doing his job so my response was, if that's the case then they should be paying him a hell of a lot more if even the store manager doesn't know how to do his job!!!! I am so angry and as my hubby is always one for a quiet life I know he won't push the issue but the bottom line is we can't afford for him to take a week unpaid especially as I'm self employed and currently not working so not getting paid either.
    Sounds very fair to me, JS have bent the rules for hubby and he will be able to care for you, OK not 100% of what you wanted, but a good deal nontheless.
  • moremore
    moremore Posts: 518 Forumite
    Thanks for all your replies and yes he is a member of the union and theyre trying to help. They're now saying as his department doesn't have the budget for his first week off (as he didn't give them 3 weeks notice) he'll have to take that off unpaid but will pay weeks 2&3! Call me old fashioned but as he's allowed 6 weeks paid leave per year and budgets are also set per year and we've just entered a new sainsburys tax year his 6 weeks holiday is going to have to come out of these budgets anyway whether he takes them now or in January next year! It just smacks of being bloody minded! They've said that there's not anyone capable of doing his job so my response was, if that's the case then they should be paying him a hell of a lot more if even the store manager doesn't know how to do his job!!!! I am so angry and as my hubby is always one for a quiet life I know he won't push the issue but the bottom line is we can't afford for him to take a week unpaid especially as I'm self employed and currently not working so not getting paid either.

    I would not think they are short of a bob or two:

    http://www.telegraph.co.uk/finance/markets/2812455/Qatar-royal-family-bids-12bn-for-Sainsbury.html
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