Sick leave into A/L

Alexei · Post by **Alexei** » 07 Aug 2017, 14:31

Following on from thread last week, colleague suffering with plantar fasciitis, and had a sick note provided by doctor. They have a weeks A/L coming up, and sick note carries a few days into this. She is on the road to recovery, but worried about when the A/L finishes. She thinks DOM is going to send her out on a full duty, which she is worried she won't be able to handle, causing injury to come back, having to go off sick again ( would then trigger a stage 2 as 2 seperate absences? )

She isn't sure if she needs to get an amended sick note from doctor about the possibility of doing light/indoor duties, and the repercussions of the injury not being fully healed and going on sick again.

From what i read in the attendance policy, and on here, she would be due her days back that sick note covers her for. Although she is thinking about recheduling her A/L, and attempting light/indoor/rehab duties instead.

How would this even work, in general? I myself am curios about the process of returning to work. Who decide's the work load? In a case with plantar fasciitis, I imagine it would be the doctor that makes the decision, or is it a case of the sick being extended in the off chance the return has been premature?

Post by **TrueBlueTerrier** » 07 Aug 2017, 15:09

She needs to get a "Fit Note" from the Doctor. They have replaced the sick note but a fit note describes to the employer what the GP thinks the patient is capable of.

If the fit/sick note covers her leave she'll get back what the "unable to work" covers (you can't be on sick and annual leave on the same day", but the days covered by the "fit to do work" will be classed as annual leave.

If she goes off sick because of a reoccurrence of the injury because RM ignored the fit note then it shouldn't count as two absences but as one.

The workload is decided by the Manager

but the postie should inform the manager that they don't think they are capable of doing whatever they think they can't do. They may be referred to OH Assist but this is nothing to be concerned about.

My advice. Stay off till she is fit, get a fit note from the Doctor, claim back any annual leave while she is off sick, continue the rest as annual leave to give herself a better chance of recuperating.

But the most important advice as this could get complicated is asking for an H&S rep to be present, and one that she has had a chance to talk to before the meeting.

Alexei · Post by **Alexei** » 07 Aug 2017, 15:49

Ok excellent, will pass on the advice. The managers can be rather spiteful, so she is worried.

Just to reiterate;
Sick note carries few days into A/L - These can be claimed back as a statutory right.
Get 'fit note' - Dating from day after sick note(during A/L), or first day back at work?
Finish A/L - Back to work with amended/light/rehab duties ( whatever fit note says ).

Seems like a really grey area. Walking around the house is not the same as walking around the office, doing sorting etc, and definitely not the same as doing a duty. I fully understand, and sympathize with her. Think there will be arguments regarding this point though:

TrueBlueTerrier wrote:The workload is decided by the Manager but the postie should inform the manager that they don't think they are capable of doing whatever they think they can't do. They may be referred to OH Assist but this is nothing to be concerned about.

Post by **aiden01** » 07 Aug 2017, 17:09

Alexei wrote:Ok excellent, will pass on the advice. The managers can be rather spiteful, so she is worried.

Just to reiterate;
Sick note carries few days into A/L - These can be claimed back as a statutory right.
Get 'fit note' - Dating from day after sick note(during A/L), or first day back at work?
Finish A/L - Back to work with amended/light/rehab duties ( whatever fit note says ).

Seems like a really grey area. Walking around the house is not the same as walking around the office, doing sorting etc, and definitely not the same as doing a duty. I fully understand, and sympathize with her. Think there will be arguments regarding this point though:
TrueBlueTerrier wrote:The workload is decided by the Manager but the postie should inform the manager that they don't think they are capable of doing whatever they think they can't do. They may be referred to OH Assist but this is nothing to be concerned about.

is plantar fascitis not covered under equality act. could be worth finding out tell colleague to ask for oh assist phone call this will be done by asking for a referal to them.

Alexei · Post by **Alexei** » 07 Aug 2017, 18:48

What is the relevance of it being under the equality act?

Post by **aiden01** » 07 Aug 2017, 18:55

As under the equality act it may be classed as a disability

Alexei · Post by **Alexei** » 07 Aug 2017, 20:21

Right, i see. So what affect would that have regarding the situation?

Not trying to be rude / sarcastic, just probing for more info

Post by **aiden01** » 08 Aug 2017, 09:36

Alexei wrote:Right, i see. So what affect would that have regarding the situation?

Not trying to be rude / sarcastic, just probing for more info

its a lot harder to be sacked if you are covered under the equality act as long as it is not abused.

Alexei · Post by **Alexei** » 08 Aug 2017, 10:02

aiden01 wrote: its a lot harder to be sacked if you are covered under the equality act as long as it is not abused.

Understood. She isn't worried about being sacked, just that managers will use it as a cheap excuse to put her on a stage 2. Shall do some digging and let her know, thanks

Think this 'fit note' will cover her if the injury flares up again after her A/L.

Post by **TrueBlueTerrier** » 08 Aug 2017, 12:17

all and any conditions are covered under the Equality Act as long as they meet 2 criteria.

1. That the condition has a significant impact on their daily life.
2. That the condition is or is expected to be long term (usually 9 months and over).

PF is unlikely to be covered as it's usually treated with rest, steroids or insoles and is usually fairly short term.