Sick leave - is it legal to threathen disciplinary?

LegacyUser

Hey guys,

Going anon for this one!

I've had some health issues over the past two years and last year I missed quite a bit of work. About 30 days in total - all of which was certified by my Doctor.

So far this year I've been sick for 5 days which was 4 days one week and 1 seperate day. Again I went to the doctor as i needed antibiotics/treatment.

There is no major issues, however my immune system is very vulnerable and I've picked up all sorts of things.

Anyhoo, my manager has now informed me "No further sick leave to occur for the next 3 months. Continuous high patterns of sickness could lead to disciplinary procedure. "

Today I'm not well but I'm in work, there is a bad cold going around but its also gone to my chest and i feel like *%*%! But I'm in work. God I sound like a moan.

But anyway here I am spreading my germs and not resting and potentially making myself worse.

I'm not sure what to do, maybe I should request to see a company doctor?

Any idea if what she said is legal?

cheers!

Eoin

This comes up a bit. A sick cert does not mean that no action can be taken, it just certifies that you were actually sick.

Here's the relevant part from this page:

Fair grounds for dismissal
Your employer could give one or more of the following reasons for your dismissal:

Capability

This includes issues such as lateness, absenteeism and persistent absence through illness or injury, either short-term or long-term.
...

If illness or injury is at issue, it is often assumed that you cannot be dismissed fairly while on certified sick leave from your work. However, this is not true. It is difficult to lay down hard and fast rules to apply to these cases as each will be treated on its own merits. Issues such as length of service, previous record and the importance of the job will vary and will have to be taken into account. These types of claim are often divided into short-term and long-term absences.

Dismissal related to short-term illness generally occurs where you have a medical problem that results in frequent absences for short periods from the workplace. Assuming that the genuine nature of your problem was not in question, your employer will have to show that a pattern of absence exists, that it is causing problems, that the problem is unlikely to get better and that you have been warned that dismissal is likely.

In a case of a long-term absence, however, your employer will be expected to obtain detailed medical evidence that an early return to work is unlikely. There is no set period of absence by which it can be said that a dismissal will or will not be considered reasonable. Obviously, the longer the absence, the easier it is for your employer to show that it is causing genuine difficulty in terms of the organisation of the workplace.

In terms of medical evidence you may be required to attend your employer's medical expert. If there is a conflict of medical evidence between you and your employer as to the possible return date, your employer will be expected to get a second opinion before taking the decision to dismiss you.

I'm not sure if "disciplinary procedure" was the appropriate term for your manager to use - certainly they can take action.

PoorSickME wrote:

however my immune system is very vulnerable
...
maybe I should request to see a company doctor?

That's normally requested by the employer, and they'd want the company doctor to confirm that you're fit to work and are not likely to have any more episodes. But if your immune system is very vulnerable and you're still going to be prone to picking up bugs, then is going to the company doctor going end up with the outcome that the company wants to see?

LegacyUser

Thanks Eoin, I think thats what she is trying to do. She said that the type of job needs someone here, etc. I feel like she is trying to build a case against me.

I'll go to doc tonight to get an antibiotic. I don't know what the options available to me now are, apart from just working when sick

bbam

I've dealt with this a bit in the past and feel that asking for no sick leave within a period is close to unreasonable (although I've often seen it done).

I would usually issue paperwork requesting all absence to be certified and levels to be at or below the average attendance for the group, typically <2% which would allow for 1 day in 90 but it must be certified. Failing to meet this would lead to a review of the position with the possibility of progressing onto the disciplinary system.

Employees who cannot complete their expectations on an ongoing basis for reasons of absence are on dangerous ground, certified or not.

LegacyUser

Thanks BBAM, I'm with the company 8 yrs. My record was always good up to 2 yrs ago. Severalmajor things happened, which had knock on effects on my health.
I just feel like I have no options now.

wmpdd3

If this is an exceptional event that is lightly to end at some time could you approch your employer and ask for part-time hours? Or some king of arrangement where the employer would be paying you for a shorter working week.

Of course this doesnt mean you will not be sick for one of you new contract days but it may give you the rest you need to build up your immune system and appease the employer too.