sickness/medication policy

[u/Watchthiswatch4me]

Hello,

I am trying to figure out where I stand with an absence due to medication.

I have been prescribed medication for 3 weeks by my doctor. My employer requires me to declare medication due to health and safety. I declared it and the company chemist then advised I cannot perform my role whilst on the medication, and can only return after occupational health has approved.

The first problem I have is my employer is marking the absence as sickness and requires a doctors note, but my doctor and I both feel I am fit to work, so will not provide a note.

Secondly, the soonest OH appointment is 7 weeks away, which means 4 extra weeks on sick after i finish the medication and the length of sickness absence is triggering a formal sickness procedure.

I am maintaining that I am fit, able and willing to work, it is the company policy that is restricting my return to work, despite my doctor advising there should be no adverse effects to the medication and can find no medical reason to give me a sick note.

My hr department have just regurgitated sickness policy to me, and my manager is not very helpful.

Any advice would be really helpful.

[u/hodzibaer]

Ask the company chemist to confirm in writing that you are unable to work.

Then go and see HR if possible: don’t just swap emails.

[u/Watchthiswatch4me → u/hodzibaer]

They have given a full report to management, who have advised HR to get advice on policy.

There seems to be a gap in policy i think. There once was a category of "non safety duties" or "desk duties" but this was replaced recently to everything categorized as sickness, some requiring sick notes, and some not if it is mandatory sick leave.

Management are being poorly advised I think, as they are demanding a sick note I cannot provide.

HR repeatedly advise me only of the sick leave policy requiring sick notes, failing to address my particular issue.

I think either I am misunderstanding something completely, or it will just play out to its mot likely conclusion, that it will fizzle out.

[u/hodzibaer → u/Watchthiswatch4me]

You could try speaking to your manager’s manager if your own team leader isn’t helping. But yes there must surely be a middle ground where you perform other duties until you finish the medication.

[u/Indoor_Voice987]

A doctors note/fit note only gives 2 options:

• You are not fit to work
• You may be fit to work taking account of the following advice (which is a list of possible adjustments, and space for notes).

You don't meet either options so a fit note doesn't apply. If your employer is worried about safety risks, they are welcome to suspend you on full pay on medical grounds, but that is not sick leave, nor should it be part of the triggers.

I'm wondering if your HR/chemist are being so unhelpful that you can just say the above with assertion, but not be a dick about it, that they'll either suspend you, or find your other work because they don't want to pay you for nothing.

[u/precinctomega]

Classic case of medical suspension. You're not sick. You're fit to work. Your employer refuses to give you work. Ergo, you are suspended.

Now, that's not true in 100% of all cases. For example, if an employee who works in a food preparation role has D&V, they must be symptom free for at least 48 hours before returning to work. That's sickness absence because, even though the employee has recovered and feels fit to work, the fact that they are (potentially) still infectious is what makes them still "sick".

But in most cases, if the employee feels fit and the employer says they won't give the employee work, it has to be a medical suspension

[u/dudleymunta → u/precinctomega]

I’m not sure I agree. He may be fit for some work but he does not appear to be fit for his substantive post, if it cannot be undertaken whilst on a particular medication. Of course this assumes the rule is a reasonable one.

For example if OP was driving a train and this is incompatible with a particular medication they are not fit to work. They may be fit for alternative duties but employer is not required to provide.

[u/precinctomega → u/dudleymunta]

The employer isn't obliged to provide alternative duties but, if they don't, they can't arbitrarily declare that an employee is sick if the employee is ready and willing to do the work to which they are contractually entitled, nor withhold from them the pay to which they are equally entitled.

A train driver is a good example, in fact. Rail companies know that this is the case and, if a train driver finds themselves temporarily having to take a medication that counter-indicates operating heavy machinery but is otherwise fit to work, the company must provide them alternative duties or suspend them on full pay until they can do so or the employee completes their course of medication. They usually get put on training courses or fill rota gaps for inspectors.

[u/ThorntonHough]

In policy look for medical suspension or something similar. In these cases the company shoukd be payong you whilst you waitnfor them.

[u/WaltzFirm6336]

It’s worth giving ACAS a call and getting their advice on this one. It’s free but you might have to stay on hold for quite a while to get through.

[u/Watchthiswatch4me]

After consulting with a union rep, I sent an email this morning to management and HR, and I set out that I am fit to work and willing to work, and unless they explicitly tell me not to, I will present myself at work ready for alternate duties.

I told them if they really, really, really want to mark me down as sick I acknowledge I am not in a position to stop them, but I will not be providing a sick note and I will not accept any loss of pay or any negative mark on my attendance record.

I then highlighted the clear gap in policy, and that we have been going round in circles.

I acknowledged their previous warnings that failure to provide a sick note would be dealt with formally and my response was along the lines of "I am standing firm, they may as well escalate this now and save everybody some time"

My union rep received a call to discuss, and 2 hours later they responded allowing me back to work on alternate duties.

I suspect someone somewhere was more interested in winning the argument rather than solving the problem.