Used up sick leave for the year.

Sarah69

Hi,

I work in the NHS as an HCA working on an elderly ward and unfortunately I have used up my sick leave for the year so I’m on a I think it’s a stage 2 warning. I’m not supposed to have any sick time until February next year. Unfortunately I woke up a month ago with my right knee in pain and it’s got progressively worse. I have continued to work apart taking 1 day off to contact my dr to try and get and earlier appointment. Which I got a telephone call that same day and he referred me for an xray and to see a physio. My manager has also given me a link to self refer to a physio which I have done. I have had the xray just waiting for results but I really don’t think I can work any more until I know the results and what can be done. I’m on painkillers which have been increased but have no effect yet. What is my actual situation regarding being dismissed due to ill health I’m so worried that this could potentially happen. I’ve been at the same trust 10 years.

MasterG83

What does your staff manual say?

itsthelittlethings

Are you in a union?

TELLIT01

As you have been with the Trust for 10 years there will be a formal process to go through if they wish to dismiss you, whatever the reason. If you are in the union, speak to them. If you aren't, they won't formally represent you but a rep may still be willing to provide you with information about the process.

Andy_L

have you had a stage 2 warning or will you have one as a result of this extra sick leave?

It is only at a stage 3 warning that they will choose from extending the caution, redeploying you or dismissing you.

your trusts sick policy is almost certainly available on line

Sarah69

Yes I’m with the RCN.

Tabieth

I’ve worked at a senior level in the NHS and I have investigated staff and held sickness absence hearings. These are my thoughts / my advice.

Firstly you need to see your GP. If you can’t work because of pain or you can’t do your very physical job right now, you need a fit note. This will protect your health (you don’t want to damage your knee) as well as helping your case. You also need a medical review on how long the knee pain is likely to last. If it’s an acute issue that will resolve in a few weeks, that’s very different from a chronic problem that will only get worse. You also need (if it hasn’t already happened) a referral to Occupational Health who are experts on what duties you can and can’t do.

Secondly, you need to download your Trust’s sickness absence policy and determine exactly what stage you are on. These policies are all much the same, usually dismissal is only considered at stage three. But you need specific information on where in the process you are to support your case.

What happens next is really dependant on what the medics advise about your knee and what OH say. It may be that you need some time off and so you trigger stage three of the sickness absence policy. Or it may be that you are given alternative duties while your knee heals. But formal sickness absence management will involve letters clearly explaining what happens next.

It also depends on what your previous absences were for as that paints a picture. You don’t need to post the details here, but that will be taken into account by your manager. For example, I once managed someone who regularly called in sick every Friday before a bank holiday Monday. I had zero sympathy and mangaged her tightly. Another staff member had more absences, but as a result of a chronic and distressing medical condition, I used managers discretion to support him.

Definitely speak with your union, they can and will support you and help you navigate the process.

Finally, I would strongly suggest that you don’t use phrases like “used up my sick leave for the year”, it doesn’t go down well and it won’t help your case! Sick leave is not like annual leave where you have a contractual right to a set number of days that you take each year. Sick leave is a trigger which, if exceeded, suggests something is wrong and needs managing. Saying you have “used up” your sick leave could give them impression you are taking as much as you can each year to get extra days off.

Good luck, I really hope it goes well.

Marcon

This is probably a long way down the line (at least I hope so, for your sake, and that your knee will soon improve), but hopefully you are in the NHS pension scheme? If so, have a look at https://www.rcn.org.uk/Get-Help/RCN-advice/ill-health-retirement-nhs-pension-scheme and ensure that option is explored should it become necessary.

LightFlare

when you say “used up” - what do you mean ?

With 10years service, you would get 6 months full pay and 6 months half pay

If this is what you have taken - then yes - the trust could look as dismissal on capability/ill health grounds

If you mean you have triggered levels on days/occasions then check the local policy and ensure that it has been followed by all parties.

If this is the case - has it just been a bad year or is this a longer term pattern ?

Frequent,numerous days off can be disruptive for all parties and need to be looked at (hence sickness policies)

itsthelittlethings

I would contact your union as soon as possible for advice and support.

BestnamesRgone

A quick glance at some other threads from the OP would suggest there’s a longer term pattern.