1st warning for being sick

kirri97

I have been sick 4 times in 7 months, 3 of those times I was off because of endometriosis, which I have been diagnosed with and my doctor informed my employer about it.

When I had my 4th sickness I was issued with a written warning, and put on a plan which means I can not be sick for 12 months.
I understand you can not be off sick all the time but I actually have this condition and I'm waiting for treatment..

Maybe I'm just naive but I didn't think they could do this if you have a condition? Or is it just certain ones? I dont know just feel very upset as no treatment yet has worked for my pain..

Does anybody have any advice?

AP007

I think its only if the condition is protected and I think women's periods and reproductive systems isn't

Someone will come along and tell you

jacques_chirac

There is no reason why a 'women's condition' should not be classed as a disability, it depends on how it affects you. Does the endometriosis have a substantial and long term negative effect on your ability to do day to day activities?

Even if you do meet the definition, it does not mean that you can have endless absences. Four in seven months is high, so a written warning may be suitable in the circumstances irrespective of disability.

How long have you been with the employer?

badskindollheart

It doesn't matter what condition you have, if your level of absence becomes untenable for the business.

If you qualified under DDA/Equality Act they could make some reasonable adjustments to help you maintain better attendance in the workplace, like perhaps an increased trigger point but I think endometriosis is very unlikely to qualify.

Sickness policies and warnings are not about the genuineness of the illness, they are about whether the business can sustain your absence.

jobbingmusician

I believe you have the right, if you are off sick, to take the leave as annual leave instead. However, I can't find a reference for this except under a guidance page for businesses in N Ireland! Be this as it may, your employer is trying to manage the impact to the business of you being off sick. You could suggest to your manager that you do have an illness which may require further time off, and that you are willing to take this time as leave rather than sickness. You could even plan to take a day or two as leave each month if you know when your illness is most likely to flare up. Not ideal from the POV of your leave, I know, but better than losing your job!

jacques_chirac

jobbingmusician wrote: »

I believe you have the right, if you are off sick, to take the leave as annual leave instead.

There is no legal right to do this, although some employers may have a discretionary policy to this effect.

badskindollheart

You may be able to take leave rather than sickness for some employers but you certainly don't have a right to do it. How can an employer manage if people phone up to take leave on the day because they are sick?

Taking leave which masks genuine illness puts you in a position where the employer can't help you.

kirri97

I have been with my employer for 2,5 years. I was diagnosed in 2007 and had a Laparoscopy shortly after that which took a lot of my symptoms away for a few years.

Endo affects me every 2 weeks, but its only 2-3 days a month were Im really bad and in too much pain to eat or even sit.. the other 7-8 days it affects me I can manage with painkillers.

I usually try to request all days off when I'm expecting to get ill, but sometimes it doesnt come on those expected days.. Which is why I have had to call in sick. Ive usually been off for only 1 day, apart from the other sickness which didnt have anything to do with my endometriosis (i was then off 3 days)

if you look at it longer term i have also only been off sick 4 times in 1 year.. but as ive had a lot of pain with endo lately, and all sicknesses were close together I was put on this improvement plan not to be sick once for 12 months

clarryd

I had the same condition when I was 29 but unfortunately had to have a hysterectomy and was off for 6 months so they should think themselves lucky you didn't have this condition years ago as that's what they did then.

But I am sure if you have a recognised condition confirmed by your GP/Specialist they couldn't do anything and you where covered.

kirri97

Just to be clear I do understand it's affecting my work place..
But I really was too ill to come to work all those times.. And I'm just wondering how it all works, probably this is fine and this is the procedures company will have .. but I'm from Sweden so I'm not sure how it all works here. >,<

AP007

clarryd wrote: »

I had the same condition when I was 29 but unfortunately had to have a hysterectomy and was off for 6 months so they should think themselves lucky you didn't have this condition years ago as that's what they did then.

But I am sure if you have a recognised condition confirmed by your GP/Specialist they couldn't do anything and you where covered.

Couldn't do anything like what? They can fire you for a high sickness level as long as they follow the process.