Working from home after an operation - Fit for work?

beckysbobbles1

Hi all,


I'm having a bunion removed from my left foot next Tuesday and the consultant has said the recovery time is 6-8 weeks.


For the first two weeks, I'll have stiches in. I'll also be wearing a boot so I should be able to walk with the aid of crutches.


I intended to have the first week just at home resting. I know I can self certify for this time.


I assume I'll be in a fair bit of pain and maybe groggy from any pain killers.


I was intended to try and drive into the office once or twice a week and then work from home the remaining time.


I had a meeting this morning and there was a very off the cuff comment regarding whether I'd be working on the Wednesday (day after the op) as my fingers will still be working!


I spoke to HR regarding the operation and they were not that helpful and said I just need to see how I feel.


I've now heard that there's a new rule where your doctor doesn't have to sign you off to work from home so long as your company agrees?


I'm just a little concerned that they'll expect me to work full days from home right away. I know I need to work as I have lots to do but I wondered if anyone has any guidance on this please?

sangie595

There is no such new rule. Your doctor says you are unfit for work if you are unfit, and if you can work with some adjustments then they can suggest those to the employer (which they don't have to agree to). That's been the normal fit note system for some years now, and even under the old sick notes the GP could do exactly the same. The bottom line is that if you are unfit for work entirely, or partially, the GP must say so. And whether you can work some or all of the time that you are FIT from home is a choice that the employer makes. But if you aren't fit for all your normal duties in your normal workplace, then you need a doctor to sign a fit note. If you don't have one you will not be off sick at all and will be expected to work as normal.

tomtontom

Are you having a local anaesthetic or a general? If the former I can understand your employer's comments, a whole week off would seem excessive. Obviously see how you feel at the time but bunion surgery is usually a simple outpatients procedure.

As for working from home there is no need to get the agreement of your doctor. Maybe you could set up a comfortable work station before you have the procedure, so you don't have to lift or carry anything after?

Darksparkle

Is working from home something you would normally do or something you would like to do because of the circumstances?

sangie595

Working from home certainly needs the recommendation of your doctor unless your employers usually permit this at will. If you are too sick to do your job in whatever way you would normally do it, in the place toy would normally do it and for the number of hours you would normally do it-then you are sick and the employer would be incredibly stupid to allow you to work at all without medical advice. And that should come in the form of a fit note that advises them what you can and cannot do.

TELLIT01

Bunion surgery can be extremely painful and is may well not be carried out under local anaesthetic. I don't think the OPs thoughts about not being up to much for the first week are far wide of the mark. I know of 2 people where I work who have had treatment and both were off work for a couple of weeks and one couldn't walk properly for a couple of months after the op. Obviously it depends on the extent of the work required.
I don't see how the OP can realistically expect to drive if they are wearing a 'boot' assuming they mean the plastic protective type designed to protect the foot, rather than a pair of UGGs.

Undervalued

OP, you appear to think your "rights' are much stronger than is actually the case.

What you need is your employer's goodwill to be more flexible that the law actually requires. Keep that in mind.

As other have said it is for your doctor to decide if you are fit for work, fit for work if adjustments are made, or unfit. Your employer does not have to accept any adjustments the doctor suggest and is quite entitled to treat you as unfit for work if they so choose.

Any company sick pay (over and above SSP) is NORMALLY discretionary. So unless you happen to have a fairly rare hard and fast contractual entitlement to company sick pay, anything you get beyond SSP is also down to your employer's goodwill.