Advice please re sickness absence

EpsomOldie

Hello, does anyone have any experience / advice re the sickness absence process that's used in the public sector, specifically local government?

It's been many years since I had any sick leave - I was off for 3 weeks about 8 years ago following surgery, although I still worked from home during that time. When I returned to work, I went through a back to work interview but there were no repercussions as the wound had healed well.

However this time, my health problem is a little more nebulous (apologies for not going into detail but I don't feel comfortable doing so), the prognosis is less cut and dried, and the time off might be a bit more open-ended. Also, my work has been restructured with new and different managers, and the culture has shifted to being more arms-length and by the book.

I have found the sickness absence process online, however it is written in such a way that I find it difficult to understand and apply to real situations. A senior colleague who unfortunately was seriously ill recently described it thus: "I was told that it's a 3 stage process, and the amount of time (approx 4-5 weeks) I'd been off meant I was already at stage 2. They said Stage 3 is dismissal." Occupational Health had seen the colleague and were satisfied that their absence was above board.

I'm very anxious about this as I can't afford to lose my job, but I want to look after my health too. Can I really be dismissed for being ill? I do not want to discuss with HR as they are known to be indiscreet and generally flaky.

I'm 61 and in full time employment with 25+ years service. My sickness record is very good with the exception of the surgical absence about 8 years ago.

Thank you in advance for any advice.

Savvy_Sue

You can't so much be dismissed for being ill, but you can be dismissed for incapacity: ie you can no longer reliably do the job they need done. Given your age, it's possible that early retirement might be a possibility, or changes to your hours, or things like that.

However, before panicking, as you are at an early stage, are you in a union? If not, join NOW.

And if you have a friendly manager, see if you can find out how the policy applies in a real life situation.

It can be complicated - I know at our place that the number of times you've been off sick is considered with the length of each absence, and it can be better to be off for three weeks straight than to be off for three single days in three weeks.

But health always comes first ...

sangie595

EpsomOldie wrote: »

Hello, does anyone have any experience / advice re the sickness absence process that's used in the public sector, specifically local government?

It's been many years since I had any sick leave - I was off for 3 weeks about 8 years ago following surgery, although I still worked from home during that time. When I returned to work, I went through a back to work interview but there were no repercussions as the wound had healed well.

However this time, my health problem is a little more nebulous (apologies for not going into detail but I don't feel comfortable doing so), the prognosis is less cut and dried, and the time off might be a bit more open-ended. Also, my work has been restructured with new and different managers, and the culture has shifted to being more arms-length and by the book.

I have found the sickness absence process online, however it is written in such a way that I find it difficult to understand and apply to real situations. A senior colleague who unfortunately was seriously ill recently described it thus: "I was told that it's a 3 stage process, and the amount of time (approx 4-5 weeks) I'd been off meant I was already at stage 2. They said Stage 3 is dismissal." Occupational Health had seen the colleague and were satisfied that their absence was above board.

I'm very anxious about this as I can't afford to lose my job, but I want to look after my health too. Can I really be dismissed for being ill? I do not want to discuss with HR as they are known to be indiscreet and generally flaky.

I'm 61 and in full time employment with 25+ years service. My sickness record is very good with the exception of the surgical absence about 8 years ago.

Thank you in advance for any advice.

The information you have received is basically correct. However, whilst the process is one that can ultimately lead to your dismissal, there are many stages that they must go through. Each council has a slightly different policy; and the individual circumstances make a difference too. Long term absence is also treated differently from short term absence, and there is discretion for managers to work with.

The simple fact is that by law, the employer must, like every employer seek every possible alternative to dismissal before doing so. That includes consideration of alternative work or hours; adjustments to the workplace; and also options such as early retirement or possibly medical retirement. They will also be very unlikely to dismiss before you exhaust your occupational sick pay, as there is case law on that and they should not dismiss until your contractual benefit is used - otherwise the benefit doesn't exist as they just sack you anyway!

The policies can be confusing, simply because they need to be able to take account of as many situations as possible, which makes them both very detailed and imprecise at the same time. Not helpful I know. But it is what it is - this is what they are all like.

There is a lot for an authority to do in order to make a capability dismissal fairly. They are large employers and expected to jump through many hoops. I won't tell you not to worry, but it is not quite as dire as it sounds yet!

On joining a union, I agree but you may find that they won't help anyway, as you are already off sick and therefore the problem has already arisen. So it would be up to the union to decide how to interpret this. Their rules are that they won't help people when a problem has already started - because obviously nobody would ever join until the problem begun. You should talk to them - not just join. And ask them. Most union reps are approachable, and will tell you what would happen if you needed help - whether they could give it or not. Most would say that you can have the lay rep (your local representative) but that the paid reps (who are more experienced) and legal representation wouldn't cover you for this pre-existing condition. That's what we do, but I can't speak for my colleagues everywhere.

TELLIT01

I'm assuming you are not currently off work through illness. If you are then there is absolutely no point in joining the union now, as they will not get involved in issues which started before membership was taken out.

sangie595

TELLIT01 wrote: »

I'm assuming you are not currently off work through illness. If you are then there is absolutely no point in joining the union now, as they will not get involved in issues which started before membership was taken out.

They might. That's why I said to talk to them. Locally, if someone is already in an issue we will provide lay support, but not a full-time union officer or legal advice. On something like this, neither of them would likely be required - lay reps are well trained to deal with managing absence processes, which are actually everyday matters in local authorities. It's a decision for local areas, but many would follow the same line we do.

TELLIT01

Fair enough, but experience in any company I've worked in is that they may be willing to give informal guidance for an issue from before union membership was taken out, but are unlikely to provide formal support if the disciplinary process starts up.

sangie595

TELLIT01 wrote: »

Fair enough, but experience in any company I've worked in is that they may be willing to give informal guidance for an issue from before union membership was taken out, but are unlikely to provide formal support if the disciplinary process starts up.

Managing sickness processes are not considered disciplinary actions. There are a lot considerations to go through, and it can take a year or more - hence the start of a process is a little different and the definition more fluid. Also, many of our lay reps are more fluid - they can afford to be. If it were a disciplinary process the answer would be different.

EpsomOldie

Thank you for all your replies. They've been very helpful and informative. I feel a lot calmer now and will follow my doctor's advice.


Thanks again.

sangie595

You should always listen to the doctor. Your job is worth nothing if you are not healthy enough to enjoy the benefits a salary brings - or if the effort of work kills you!!! You have long service and so if it came to the worst, retirement may well be an option by now. Just try to not worry - you health is by far the most important thing.

EpsomOldie

Thank you Sangie595.