Phased return to work with weekend working

elsien

Phased return with weekends is the same as phased return during the week. 

So if your contract is 5/7 days with two days off but the days differ each week,

You do your shorter hours on which ever of those days you’re going to work. Whether it’s a Monday or a Sunday is academic, if weekend working is part of the contract.

I’ve also had staff choosing to use holidays on a phased return, if I remember rightly it’s because they wanted a longer time scale than occupational health were recommending so that was the compromise. 

Own_Worst_Enermy

Thank you so much for the insight, it is much appreciated. I’ve just got parents stuck in dark ages where you only go to work Monday to Friday and everything else they think you are magically covered from. Thank you again 😀

Own_Worst_Enermy

@elsien Thank you for your take on things.

When I was in hospital there was a mention I’d have to have a formal meeting once back regarding ‘poor attendance’ I don’t think they meant a back to work interview, would they really go for a disciplinary? I don’t understand it I called in sick in accordance with policies/procedure until the first fit note was issued. 

The first time I went sick was on 29th December for half day as was a then misdiagnosed kidney infection and I remember how a big thing was made taking half a day would mess up my stats on a return to work interview next day.

Then I was in work until early January when I went off again so really it would be two absents now? The company uses Bradford scoring so I’m concerned it is all due to that.

elsien

It probably is. With that one if you hit the targets then they have to speak to you, either ref number of absences or total time off, they don’t have a choice. Doesn’t mean it’ll go any further though. 

You’ve not been there long though have you so the employer is going to want to check why and that it’s not going to turn into a pattern. 

diystarter7

Hi

If OH is recommending something where a member of staff needs to use their hols to help them ease back into their job then its the supervisors duty of care to ensure the member of staff is not forced to use their hols just because they can't cope with what was recommended by the OH

What would happen if the member of staff became ill again and was then then asked what happened?

Holidays are meant to be used for your hols etc but not be used as a cover for sickness-related return to work

A good supervisor etc would know not to use holidays as a crutch for a return to work as what would happen 2 months down the road when the worker has used their hols and wants a real hoilday with their family and has no leave left?

I suggest people turn to ACAS as stated early on in this thread by me.

https://www.acas.org.uk/returning-to-work-after-absence

Being aware of ones rights for the health and welfare is imortant other some will run rings around those returning to work

As I said beofre in my earlier post, one has to be flexible but that does not mean using ones hols.

A manger I had was great as when people asked for time off as not feeling well and wanted a hol, the manager used to sa no - ie take a sickie if you are unwell and holidays for anyhting else and that has stuck with me.

Thnaks

diystarter7

ps

https://www.acas.org.uk/returning-to-work-after-absence

elsien

diystarter7 said:

Hi

If OH is recommending something where a member of staff needs to use their hols to help them ease back into their job then its the supervisors duty of care to ensure the member of staff is not forced to use their hols just because they can't cope with what was recommended by the OH

What would happen if the member of staff became ill again and was then then asked what happened?

Holidays are meant to be used for your hols etc but not be used as a cover for sickness-related return to work

A good supervisor etc would know not to use holidays as a crutch for a return to work as what would happen 2 months down the road when the worker has used their hols and wants a real hoilday with their family and has no leave left?

I suggest people turn to ACAS as stated early on in this thread by me.

https://www.acas.org.uk/returning-to-work-after-absence

Being aware of ones rights for the health and welfare is imortant other some will run rings around those returning to work

As I said beofre in my earlier post, one has to be flexible but that does not mean using ones hols.

A manger I had was great as when people asked for time off as not feeling well and wanted a hol, the manager used to sa no - ie take a sickie if you are unwell and holidays for anyhting else and that has stuck with me.

Thnaks

The staff member had the choice of following occupational health recommendations, or using  leave. There is little point in using occupational health if you’re not going to follow their guidance. 

diystarter7

OH is only human but the person that was ill knows better than the OH person their ability. 

I think on this thread, my personal exmaple offer me 8 weeks I said 6 and I actually went FT much sooner than that. You get the other scenarios where OH talks a person into going back as per their recommedation but clearly the staff member cant cope hence the request sfor hols. That when any person that thinks they are in charge needs to show their skills and refer the member of staff back to the companies doctor or OH to review the plan that was agreed upon before. I have already posted an exmaple of a good manger that delined staff holiday leave when they were unwell,

Who takes reusability if the staff retuning to work has an accident or cuases others injury when they were not quiet up to the job because they were not feeling up to it but being offered to take hols to ease them back in. When a member of staff returns from sick/OH and after the informal ret to work chat, having these as required helps. To be clear I've never been a manger was offered the roles/told to apply but declined but even I know why it is important to refer the member of staff to OH again if they are seeking hols to help them ease back into work due to poor outcome of OH or the staff has not recovered as anticipated or something else going on.

Anyone reading this thread, please always check your rights as an employee has a duty of care to eanure not just you are safe at work but those around you are as well ad if your employeer/manager/supervisor is saying yes to you taking hols as you cant manage, that is not right as hols are not to be used for periods of whe you are unwell.

Trust me, a good OH officer that does not fear their employer will give you good recommendation but sadly it does not always happen

Consult unions, personnel and in confidence, ACAS and be aware of your rights as no one wants to have a lifelong health impact by returning to work too early and then making mistakes and losing their job or worse. Health is wealth,trust me.

NB: OH health outcomes may be spot on but things can change (sadly some people odn't recognise that) so dont be scared to stand up for yourself regardless of what some mager/employer tells you, and take a union rep into meetings, at least consult them before meetig etc and share with them waht was said to you etc and often a good rep will give you the best advice

Be flexible, be honest but stand up for your rights and demand a review with OH/docs if the plan from OH is not meeting your phased return. (Sadly, not all employers/supervisors have the capacity to be good ones)

Thanks

diystarter7

Hi OP

Sorry I missed this. As per my previous posts, consult your union rep and ACAS and take it from there.
Do you have letters etc from hspt/gp, see what is required etc.
Take someone in with you to meetings, union rep will have the best advice on that

Dont forget as per my posts, try to be flexible but put yourself first. Consider outcomes and flexibilty

Good luck

Undervalued

Own_Worst_Enermy said:

Undervalued said:

Own_Worst_Enermy said:

Hi,

I have now had Occupational Health consult who are going to suggest a phased return.

My questions are:
How does this work with weekend working involved, if anyone knows.

I’ve also read from historic threads sometimes on a phased return the employer could make you use holiday. Has this practice been stopped? I would rather just be paid for less hours as I think any phased return is going to be very short term if accepted. (I’d already explored informally the return as part time but got a no. fair enough)

Also I had problems getting holiday from the employer when I was well and able bodied, so I’m dreading asking what is going to happen at year end (end of this month) 

Many thanks 🙏 

There is no simple answer to this.

There is no legal right, as such, to a phased return to work. It could form a part of "reasonable adjustments" which an employer would be obliged to make if the employee has a disability (for employment law purposes). If the employee is "only ill" (and not disabled) then the employer doesn't have to make any adjustments at all. They could say "do your full job or stay off sick"!

So, in the absence of a disability it comes down your term and conditions, company practice and how much goodwill they want to extend.

Regarding holiday, you have a legal right to at least your statutory holiday entitlement but the employer can total dictate when you can and cannot take it during the year.

Sorry I missed this, yes the Occ Health said I fall under the Equality Act; not for the spinal condition but for diabetes.

I put in an application for PIP but I’m not hopeful at all. 

Oh god, whilst the report looks good that I’ve chased to get sent from occ health I notice an error, I said a single drive to the depot takes 40 minutes and they’ve put I’m 40 miles away. 🙈 

So is your current absence and desire for a phased return in any way related to the diabetes disability?

If not, then you would need to check carefully if the right to "reasonable adjustments" applies. I am getting rather out of touch so I am not entirely sure.

Logically, somebody with only one arm is clearly disabled but would that entitle them to a phased return as "reasonable adjustments" following a week off with flu?