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Illness and work security

  • 30-12-2008 11:37am
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hi

    Going unregged for this.

    About 2-3 months ago i was regularly getting sick, diarrhoea and very painful stomach pains. I went to the doctor and explained the diarrhoea and sickness as i had called into work sick irregularly during the week. He gave me a prescription for a stomach bug. This didn't work and i had to go back. I was then diagnoised with IBS and was told its most likely work related street. I was given Anti-depressants and antispasmodic tablets. I was also told to take a week off work. I informed HR of this and what i was prescribed and for why.

    My IBS claimed down for a while but then and again would flare up. Recently i was talking to my manager and it seems i have taken over 20 sick days this year. Now i have provided medical certs and a letter from my doctor explaining i have IBS and it will flare up.

    I left work sick on Sunday due to this and was suppose to be in yesterday and today. I asked the assistant manager could i change my days off this week to yesterday and today instead me being off sick and then having days off. I was told today thats not possible and would have to take them as sick days and keep my days off.

    I'm really starting to get worried they'll let me go over this. I have spent a fortune on going to the doctor and prescriptions and have less earnings from being out sick. I've gone in days feeling sick and said nothing (my mood wasn't the best though).

    I get the feeling i'm letting my team down and pissing off my manager. He seems to be fine about it but I worried I'll walk in and be told i'm no longer wanted in the company (I always think the worse).

    I plan on going to the doctor to get a referral to a specialist to improve my situation.

    So am i screwed for work and can they let me go over this or am i protected by doctors certs and the letter from doctor to my manager?

    I'm probably overreacting and making myself worried, just afraid my job will be thinking i'm taking the piss and screwing them over.

    ps. I've never had verbal or written warning while working there for three years.


Comments

  • #2
    doolox
    Closed Accounts Posts: 2,350 ✭✭✭doolox


    I worked with a woman who was out sick a lot, all covered by certs and was still working after 7-8 years 2/3 of the shift on medically sanctioned short time and although there were meetings and interviews about it and the boss wasn't happy it was all above board and HR approved of it because her doctor said it was necessary. Another thing was she only worked days and no weekends.
    IBS is very tricky and need careful diet and eating habits to overcome.
    Rushing around at work to keep a demanding boss happy, skipping lunches or drinking coffee to stay awake or smoking etc... all habits of the work-concious conformist, will only make it worse.


  • #3
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    It's generally not as clear cut as a simple yes or no. It heavily depends on the terms and conditions of employment. Legally, a company is entitled to let employees go due to illness but they do need to satisfy certain requirements. The employer is supposed to be able to show a persistent pattern of short term sickness or a low likelihood of return from a long term sickness. The length of service, type of contract and previous record will affect how easily the employer can prove that the dismissal was fair.

    In the case of doolox's example above the terms and conditions of employment will have extended much greater non-statutory benefits to the employee. If it's the company that I'm thinking of they definitely have some of the best sick pay and illness protection benefits available.

    In the OP's case they'd need to check their terms and conditions to see if they have extra protections. If not then the company could legally let them go by claiming that the workplace was being disrupted by the persistent absence and that there was no sign of the problem improving. The company would be required to give the OP a clear warning that they were considering doing this so there will be advance notice if it comes up. The three year length of service, lack of any disciplinary problems and the fact that it's only been 20 days in the year will make it more awkward for them to decide to let the OP go. Getting a referral to a specialist is an excellent step as it puts the OP in a position where they may be able to show that the problem can be mitigated or resolved.

    By the sounds of it the company and manager are being fairly understanding about it and it sounds like the problem is being actively investigated and is solvable in most cases.


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