ocd and unable to work

[SrStanislaus]

One of my colleagues has a problem with a member of her team (Jane -not her real name).The team does telephony work only. Jane has OCD which is accommodated and causes no problems usually. Soon Jane will have a dental brace fitted which is likely to cause problems with her speech. This means she cannot speak on the telephone for roughly 2 weeks.

The business has normally managed to cope with short term inability to use the phones by finding other work for people to do - minor injuries etc.This can be admin or postroom work for example.However, Janes OCD prevents her from doing anything but sitting at her own desk and using her own equipment. She could not contemplate walking around the building with post or using other peoples desks for admin.She couldnt possibly touch anything she hasnt cleared/cleaned herself.Under normal circumstances this is not a problem at all.

Given that Jane -although otherwise fit and healthy -will be unable to do her own job nor will she be a able to do anything else offered to her, what is the next course of action? My colleague thinks that Jane should have sick leave for the time she is unable to use the phone. Jane thinks she should be given gardening leave for the duration.Sick leave for this amount of time in our company can result in an oral warning .
We would be interested in how your company would deal with this situation. My colleague has to give Jane a definite answer on Monday,

[Trifle]

Are you sure she wont be able to speak properly with a brace? She's not ill so shouldnt take sick leave. I dont think a brace is regarded as life saving so think she should either take it as holiday or unpaid leave.

[shockers]

Why do you get a warning for sick leave of 2 weeks? What if you needed an op or were really sick with flu or depression etc? I could understand if it was constant... 2 days one month, 3 days the next but if you're really ill....?

[SrStanislaus]

Her Dental surgeon has advised that it may be 2 weeks before she is able to speak properly. This is a medical not cosmetic brace .
It is company policy to give oral warnings with 8 days absence within a 12 month rolling period. Some absences may be judged as one off and not taken into consideration but it is judged on circumstances.This includes serious and longlasting illnesses which may continue for some time without action being taken.

[RibenaBerry]

I think she should take sick leave, but as the reason for needing to do so (and not be reassigned) is a disability, she should be exempt from the normal rules on warnings and a note should be put on her file to that effect.

If she can't do her job for medical reasons (the brace) and can't be reassigned, then she is unfit for work and her doctor can issue a sick note.

She's totally wrong about gardening leave. That's for people serving their notice who the company don't want in the office. Not relevant at all.

[SrStanislaus]

The only point about gardening leave is that in our company it is routinely used for circumstances when an employee has a reasonable adjustment (desk, chair etc) that hasnt been provided by the company. Sometimes they are on GL for weeks or months. In this case I can see where Jane is coming from.

[RibenaBerry]

That's not actually gardening leave SrStanislaus. They're using the term incorrectly. But if that's how it's used in the OPs organisation too then you're right, the employee might have a point.

[RibenaBerry]

Sorry, I meant "if that's how it's used in your organisation". Typo...

[RibenaBerry]

Goodness, not expressing myself well today.

The employee might have a point because, as I said, I think difficulties redeploying because of a disability (where it's a short term issue) should be treated differently from a normal absence if that level of absence would trigger a disciplinary. I think it's part of the adjustment process. If the easiest way to do that is label it gardening leave instead of sick leave, that might be the way to do it. Depends partly on the level of sick pay, as I wouldn't see an automatic obligation to keep paying full pay if you normally wouldn't for sickness...