Questions Regarding Fit Note

LadyVesuvius

Hi all!

Slightly long story so please be patient.

There was a death in the family about 5 weeks ago, I was off 3 weeks (1 week self certification and 2 with a fit note), I haven't been right since returning to work last week, feeling depressed etc but my sleeping has become close to non existent and my productivity at work is suffering as well as me feeling very teary, stressed and depressed. Yesterday I filled in a Flexible Working Plan application, which was to reduce my working hours from 37.5 to 30 a week for a 3 month trial (by having every Wednesday off to try and refresh myself for the rest of the week). Today it was rejected due to "needs of the business" and have been utterly depressed by the lack of support I have received, especially after reading about how employers should make adjustments to work on the Citizens Advice website due to the Equality Act 2010.

I have a Dr's app on Monday to try and get myself some sleeping medication, however, I am just unable to cope with everything and my reoccurring depression is over taking me once again and with the impending shift change the week between Christmas and New Year (moving from night shift to day shift), I just know I wont be able to do it as the time I am falling asleep is the time I will have to be getting up to go to work and I cant work on no sleep at all.

My questions are:

Would I be able to get a fit note on Monday without self certifying because there is no way I will be well enough to work for the foreseeable and due to the holidays my Dr's aren't available after my self certifying would run out.

and

Would work have to accept a fit note without me self certifying?

Sorry if these are really silly questions, I'm just really upset and stressed about this whole thing and feel totally alone and unsupported at work as my flexible working request was me trying to meet with the company half way - I'm struggling but am still wanting and trying to work.

TELLIT01

Your doctor can issue the medical certificate without a self-cert period. The problems you are experiencing are still related to the original sickness so your employer may want a certificate from day 1 of this absence whether it is strictly necessary or not.
The Equality Act isn't there to address short term issues such as those you are experiencing, it's to protect and assist people with long term health problems - which yours hopefully is not.
It does sound as if you need more time to come to terms with the family bereavement and deal with the depression so that should be your first priority.

elsien

You are also confusing a flexible working request, which everyone has the right to request, with reasonable adjustments which as the previous poster said are around longer term health issues/disabilities. They are two different things.

Undervalued

I agree with the previous two posters.

Your employer is not doing anything wrong and your "entitlement" here is limited. Obviously if you are unwell and your doctor signs you off then this is a sickness absence which you employer should treat according to their normal policies.

It is worth pointing out that the vast majority of company sick pay is "discretionary". If so then whether your company pay you any more than SSP is up to them.

You have requested flexible working which they have considered and turned down for "business reasons" which they are quite entitled to do.

You doctor could say that you are fit for work subject to certain adjustments. However the firm is under no obligation to accept these suggestions and can insist that you do your full job or no job at all. As has been explained the requirement for reasonable adjustments under the Equality Act does not apply here unless yours sickness becomes a disability (for employment law purposes).

I am sorry for your loss but you are dependant on your employer's goodwill here. There are no "rights" to fall back on.

dadtobe

Agree with he other posters and to add

Antidepressants aren't going to help you here, they take a couple of months to build up. If you aren't sleeping then you should ask your doctor to prescribe you some sleep medication zoplicone etc. at least then you can get into s better sleeping pattern.

You should try exercise too, ultimately losing your job is going to make you feel worse longer term.

Employers may have a compassionate leave policy but only really if this is a mother father son daughter etc.