Need some advice regarding sickness

FutureGirl

Last week I was off ill due to a viral infection. I am asthmatic, so whenever I get a cold / flu it goes straight to my chest, meaning when I'm talking a lot etc I'm getting very breathless which makes it difficult for me to do my job (I work in a call centre in an insurance company claims dept)

So, I was off for the week. I went to the doctors. They cannot give me anything for it as it is a virus, not a bacteria, but he advised due to my job, to try and rest and stay off the phones. He wrote me an amended duties certificate for the week, so I could still go to work, as I don't like taking time off.

My certificate ended yesterday. I had doctors appointment booked for this morning. Today my team leader has told me that the department manager has advised they will no longer accept an amended duties certificate. Either we're at work, doing our full job, or go home sick - Is this right / fair?

If I am not talking to customers on the phone, there is other work for me to do, such as dealing with post and dealing with the admin / paperwork side of their claims etc. So not like I am doing nothing. Anyway, doctor today has advised me that the illness is now a chest infection and has now given me steroids and antibiotics.

I went back to work to tell them this, and they told me to either go on the phones, or go home. I explained the doctor advised me not to and I have certificate that shows this, but they didn't seem to care. This absence for today will now go against me.

I don't know what to do! Do I go back to work and just push through it, so I'm not getting in trouble etc, or do I just stay off sick? (even though I'd prefer to be at work doing half a job that no job, considering they have to pay me either way!)

Thanks in advance!

Alienna

I'd suggest staying home and resting. I ended up with tonsillitis, a 2 chest infections and a couple of colds within about 9 months of each other - when I ended up with another round of tonsillitis, I realised I was probably doing too much - and took two weeks off work and a third week of half days to get rid of it. It worked.

Get well soon!

ScorpiondeRooftrouser

Is this the first time you have been ill in this employment? How long have you worked for them?

As regards you preferring to be in work doing half a job, I would imagine their thinking is that if you are regularly only going to be able to do half the job, they would prefer to have you doing no job and not be paying you, so by recording absences against you it makes this easier for them.

A lot depends on whether this is a first or an isolated case of illness.

FutureGirl

In a rolling 12 month period this is actually classes as my 7th absence. I have worked for the company for 21 months. Due to the amount of absences I have to have a meeting with HR, it won't be a dismissal, and I have asked for Occupational Health to be involved.

All bar one of my 'sickness' has been related to my asthma and are chest / lung infections.

Last July I had a few days off for being sick / vomiting, then went back to work, then a few days after that I got rushed to hospital from work as it turned out I had a lung infection, so the 2 sicknesses were related to each other but were classed as 2 separate absences.

In February I had a really bad chest infection, where I was off for a week, came back, then had to go off again as it got a lot worse, so it counts as 2 absences, but they were related to each other.

Then now it's classed as 2 as I had the week off, was back for 4 days off the phones, and then they told me to go home today.

I have started losing weight to help with my asthma and have lost 1.5 stone so far (still got more to lose though). I've also been researching how I can stop getting chest infections etc, but there doesn't seem to be a way to 'stop' getting them.

My absence level sounds bad but prior to this I didn't have any other days off, they all seem to be recent. I know the illness in Feb was related to the cold conditions at work.

My one unrelated illness was due to side effects from a new medication I was on which was making me physically sick. So I stopped taking the meds and had to go back to docs to change the medication.

I have spoken with my TL and the company are aware of my asthma. It was included in my application that I have asthma.

I'm just worried as I'm very good at my job, and I work hard at my job and also taken on extra roles etc. I got a big pay rise in April due to how well I am doing, so it isn't like I just do the bare minimum in my role either.

pmlindyloo

This link may help you. It explains the different kinds of fit notes and what en employer should be doing.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/464398/fit-note-employers-line_managers-sept-2015.pdf

However, having said that if the employer feels that there is no other work you can do (even if you feel there is) then there is not much you can do about it.

I am also wondering whether you 'persuaded' your doctor to write the amended sick note so that you didn't lose your pay.

To be honest, only you know whether you should stay at home until you are fully well and in the end the employer has the final say.

I can understand that you are concerned about losing your job because of your sick record but is this something you are 'imagining' or a real possibility?

To continue to work when you are unwell may mean that your illness may reoccur or you may prolong it.

Have you had any discussions with your employer about your sick record?

FutureGirl

It wouldn't make a difference to my pay if I stayed at home off sick, or went into work sick as I'd still get paid the same amount.

I've had no discussion with anyone about my sickness record. For some of the absences (Including February) I didn't even get a return to work, despite me actively chasing for this to be completed. My TL has said that it will now go to a meeting with her and someone from HR, but it won't be a dismissal meeting (I think probably just a warning), where they can then get Occ Health involved.

I am quite a 'worrier' so could just be worrying over nothing.

I know the Feb illness was due to the cold work conditions, although I can't now prove it. The office was SO cold, they had to buy additional electric heaters which were situated in the middle of the office, near where the TL's sit. I work at an 'end' so the heat wasn't even getting to me. I had to sit there in my coat, with gloves and scarf on!

sangie595

FutureGirl wrote: »

Either we're at work, doing our full job, or go home sick - Is this right / fair?
!

Fair is a matter of opinion. But it is "right" if you mean lawful. An employer does not have to agree to amended duties on a sick note. You are either fit for work or not, and if you aren't fit for work they are not legally required to provide you with other work, even if available.

You could try asking for a change to this as a reasonable adjustment since your asthma will count as a disability, but then they may argue what is reasonable? You have a disability which, at times, is a serious condition. You are not fit for work, or on medications, but wish to work. What happens if you get worse? Is that then their fault for agreeing or yours for asking? So I think that this could be argued to not be a reasonable adjustment, and since the company has a policy against accepting "partly fit for work notes", then it is fair not to make an exception for you.

I suggest you must wait for your meeting with HR and OH - in the managers position and given the seriousness of your condition recently, I also wouldn't want you back at work unless I was told you were fully fit to return. Otherwise you may be doing more harm than good to yourself.

FutureGirl

My TL advised me that the manager of my dept decided about the policy today.

This week I have been on amended duties with a partial sick note from the doctors, dealing with the 'paperwork' side (as well as dealing with the paperwork side of my colleagues as well). In February I was on amended duties for a week and a half as well.

I was told during my RTW on Tuesday that this will be referred to HR for a meeting, but have not yet been told when.

I would probably be OK going back to work and on the phones if they allowed me a little more time in between calls, but they only allow us 10 mins (to write notes from the call on to the claim, which is enough time for that), then badger us to take another call.

I will just stay off until the chest has cleared, I have more steroids and antibiotics now anyway. And I suppose being off Monday etc isn't going to make a difference as I was told to go home sick today, so will now count as another absence anyway!

agrinnall

I think staying off until your employer is ready for you to return is the best option, especially as you are getting full pay anyway. However, it seems pretty clear that this type of incident is going to keep happening, and I think eventually you'll be assessed for capability and dismissed - in fact, given what we see on TV about call centres I'm a bit surprised it hasn't happened already. I would suggest that you try to find a job that you can still do while having bad spell, for instance doing as your main task the type of admin work you speak about.

Tigsteroonie

OP, it'll probably be a "Welfare Meeting" that you attend, during which your situation will be discussed. What's the hold-up on the OH referral, that would normally take place before any welfare meeting so that the OH advice can be incorporated.