How to reclassify illness as Work Related

LegacyUser

Hi all, hoping you can help..

A few years ago I went out ill on grounds of depression. As I didn't want my managers aware of what was going on (from fear of word being spread/taboo) I told them that I was worn out and that work had nothing to do with it.

Now, when I was called to the work appointed doctor I told him exactly what was what. That I found work stressful and it was affecting my personal life in more ways than one. I eventually went back to work a few months later in a new section. Whether it had anything to do with it or not I'm not sure.

I have since gotten a copy of my sick leave in the last four years. It's pretty much a clear record but I have three months listed as 'mental health illness' and it's being counted as ordinary sick leave. That would be fine if it weren't for the issue that if I go sick in the next two years I won't be paid a penny whereas if it's classed as work related I'll have something to cover me.

Now, my question - I've been told by the section that covers sick leave that I'll have to make a report to one of the more senior people in my job (three grades above me). The procedure is that he'll have to enquire as to what caused me to go out and that includes speaking to former supervisors. My fear is that this could cause further trouble at work re-opening sores, especially with those who made my life difficult. And with all of that there's still a chance I may not succeed. However if I don't do it and it stays as ordinary illness it may be held against me in future prospects.

Does anyone know if fighting it is wise? I'm warey..and sceptical given the choice of job and how it works. I get cold sweats thinking about the circumstances which made me go out last and reopening old wounds.

tenifan

Why not cross that bridge if you come to it?

I.e. if you need to go out again, tell them the first time was work-related. You have the company doctor's notes to back you up.

InReality

I think you would get a SW payment if your out sick ?

Victor

It might be useful to get someone to advocate for you.

Mrs OBumble

Can you seek some advice from your union?

TBH, I'm not overly sympathetic: many Irish workers don't get any paid sick leave, and if they were off for three months would probably find their job gone. So I'm wondering why you don't just keep your head down, and concentrate on staying healthy instead of "what if" wonderings about sick leave.

Victor

Mrs OBumble wrote: »

Can you seek some advice from your union?

TBH, I'm not overly sympathetic: many Irish workers don't get any paid sick leave, and if they were off for three months would probably find their job gone. So I'm wondering why you don't just keep your head down, and concentrate on staying healthy instead of "what if" wonderings about sick leave.

It would seem the OP is entitled to something, whether paid directly by the employer, joint contributions or through an insurance scheme. this is part of their employment package.

People with depression may find themselves over-thinking things and/or finding it difficult to be assertive, so I don't think there is any problem with the OP exploring their options, especially if their illness has hurt them financially or otherwise..

Cushie Butterfield

I'd agree with others who recommended contacting your union rep. If you don't feel comfortable discussing the issue with your local on site rep you can go a step or two higher. Sometimes unions can sort things out quite easily without needlessly re-opening cans of worms or launching investigations. Perhaps with the help of some sort of claification from your own GP who certified you sick at the time, along with the work appointed doctor's report your record maight be able to be altered.

The first thing you should do is get your union rep to clarify what exactly can be classed as a work related illness e.g. pressue or responsibility at work causing stress or anxiety & whether or not depression would be classed as work related. They would also be able to advise you as to whether highlighting any issues would be in your best interest as regards your present position or suitability for future positions that you might want to apply for that would involve more pressure.

davo10

OP the focus of your post seems to be on getting paid while off sick and the effect if absenteeism on your future prospects. There is very little about your employer being at fault for your illness. Is the stress at work due to you being treated unfairly, being bullied, working in a dangerous environment etc? You seem to have already stated to your employer that you are prone to bouts of depression, playing Devil's advocate, is your employer responsible for causing your depression or does working in a job where there is stress (pretty much every job now) depress you?

Is your question, "how do I make sure I am paid while I'm off on sick leave?" or " is my employer responsible for causing my depression and therefore required to pay me?"

Employers are not required to pay sick leave, no matter what the illness is or what caused it.

delthedriver

PSWork wrote: »

Hi all, hoping you can help..

A few years ago I went out ill on grounds of depression. As I didn't want my managers aware of what was going on (from fear of word being spread/taboo) I told them that I was worn out and that work had nothing to do with it.

Now, when I was called to the work appointed doctor I told him exactly what was what. That I found work stressful and it was affecting my personal life in more ways than one. I eventually went back to work a few months later in a new section. Whether it had anything to do with it or not I'm not sure.

I have since gotten a copy of my sick leave in the last four years. It's pretty much a clear record but I have three months listed as 'mental health illness' and it's being counted as ordinary sick leave. That would be fine if it weren't for the issue that if I go sick in the next two years I won't be paid a penny whereas if it's classed as work related I'll have something to cover me.

Now, my question - I've been told by the section that covers sick leave that I'll have to make a report to one of the more senior people in my job (three grades above me). The procedure is that he'll have to enquire as to what caused me to go out and that includes speaking to former supervisors. My fear is that this could cause further trouble at work re-opening sores, especially with those who made my life difficult. And with all of that there's still a chance I may not succeed. However if I don't do it and it stays as ordinary illness it may be held against me in future prospects.

Does anyone know if fighting it is wise? I'm warey..and sceptical given the choice of job and how it works. I get cold sweats thinking about the circumstances which made me go out last and reopening old wounds.

Why are your employers listing " mental health illness " ? Surely illness is illness? Would they list "Cancer illness leave" ? It would be worth speaking with your Union directly, not necessarily your in-house rep.to clarify things for you.

Most importantly , do not let this issue cause you anxiety or stress. Life is for living, don't spend too much time worrying about something which may never happen or is outside your control.

If you wish you could seek the advice of an Employment Law Specialist, who should be able to advise you exactly on your entitlements etc.:)

delthedriver

Mrs OBumble wrote: »

Can you seek some advice from your union?

TBH, I'm not overly sympathetic: many Irish workers don't get any paid sick leave, and if they were off for three months would probably find their job gone. So I'm wondering why you don't just keep your head down, and concentrate on staying healthy instead of "what if" wonderings about sick leave.

Respectfully, the Op is asking about her own situation , not the plight of Irish workers.

It would appear the OP is entitled to some kind of paid sick leave.

He/She is looking to clarify exactly what constitutes sick leave for which payment of salary is paid.

MouseTail

I presume thus relates to the new public service sick guidelines. I think getting past illnesses reclassified work related will be difficult. If you choose to go down that road I would definitely advise having the Unions support.