Is this ok? Sick leave

You need this treatment either way. Your GP sounds positive, can you explain to your line manager? I would be surprised if this went against you. I work in the nhs (previously did management), I would support you to the best of my ability. Pretty sure my line manager would offer nothing but support in these circumstances too.

Sending you best wishes and strength on your journey.

I’m really pleased for you. I hope the treatment gets you a good outcome!

A friend of mine did a similar residential in similar circumstances and has been much better for it for a number of years so my fingers are crossed for you.

I think it’s a grey area OP.

Firstly, you probably are covered by the disability provisions in the equality act, so the 2 year point is probably moot.

Secondly, that being the case, you have an argument that disability related absence shouldn’t be counted (or should be varied) when making decisions over your employment. If they’re risk averse, therefore, it’s unlikely they’ll fire you.

But the third point (grey area) is whether this actually is disability related absence, or whether it is elective, which could offer less protection (but I would still argue it’s a disability related absence!)

If you can get a note from your GP specifically recommending this treatment then on balance I would say the odds are in your favour.

I think you will have to be up front with your employer though. Some organisations would understand and fully support you. Others might say that you can take the leave, but it doesn’t fall under the criteria for occupational/contractual sick pay as it’s an elective treatment (which I suspect is the most likely outcome). Others of course might decide it’s unnecessary, not related to your condition and therefore an unauthorised absence, but I would think that was the least likely scenario.

You could just get signed off sick and tell them nothing of course, but if you’re disappearing for five weeks and unable to meet any reporting/contact requirements then that could be a disciplinary issue in itself, so i personally wouldn’t risk doing that.

Good luck whatever you decide (for what it’s worth I think it’s fine to ask)

I agree with your final sentence.

But what your company would do is not relevant unless the OP works for the same company. And you don't even know for a fact that the OPs company pay full pay for sickness, never mind "suspecting" they will get full pay for at least five weeks - and can people please read the OP because she said the therapy is at least five weeks, but that doesn't mean it will be five weeks.

It is not discrimination to refuse sick leave ( with or without pay) unless someone is sick. If they are sick then the therapy is irrelevant. People keep comparing it to an operation. But having an operation does not entitle someone to sick leave. The entitlement is if that operation renders a person incapable of doing their job.

But I will lay bets on one thing. If the company don't like this, there will be nothing "unconscious" about their actions.

It is absolutely right that if the OP genuinely believes that this is the right thing for her, the most important thing must be doing what is right for her. But people need to stop telling her what they think the company will do, or what the law says, when they don't know about either. It's hugely irresponsible. The OP needs to balance her realities, not ours or completely made up ones. She's made it clear that she did not believe she can afford to lose her job or her pay. That's her reality. So is the risk of not doing this therapy. But doing the therapy and losing her job may invalidate any gain from the therapy. She needs to decide based on her risks, challenges and realities. Telling her things that are well meaning but not true doesnt help her at all. And could harm her.

@Ascendant15 I get where you’re coming from, there’s lots of misunderstanding about the protections afforded to people with disabilities.

How far away are you from the two years?

The text book answer is a company will not discriminate against you and will support your recovery. I suspect you are entitled to the full 5 weeks off a full pay - you would get that at my company & you would be supported.

The reality is they may unconsciously discriminate and be less inclined to give you more responsibility etc. The annoying thing is if you had an operation and needed 6 weeks off no body would blink an eye.

If you could hang on until the 2 years is up. Then take the leave. There is less they can do and you are more established. Work hard on your return and prove you are an asset to them.

You deserve this. Make it happen but also make sure the timing works for you. Also you can save more and go into it knowing your job was secure, which would aid your treatment.

The bottom line is you need to prioritise your mental health.

Tbh I'd go and worry about that later

Yes that is true. But nobody is suggesting that the employer treat her less favourably, but some posts have, perhaps through misinterpretation by the OP (and if you read her responses that has definitely been the case that she has read things into what she was told that are not accurate), suggested to the OP that she is entitled to be treated more favourably because she may be classed as having a disability. It has been said that it is standard practice not to count disability related sickness - that is simply not the case in most employments. It has been said that the Mental Health Act says she cannot be sacked - that is simply not true and it says no such thing. It's been suggested she could get a private sick note - which she can, but employers are not obliged to accept them.

The reality is that even with the best of intentions many of the posts here are misleading or just plain wrong. The only way of knowing how the employer will take this is to ask them. Or, if the OP is genuinely currently incapable of working, then the therapy issue is a red herring, because they are simply sick and cannot attend work because of their sickness - not because they want to go for therapy. Which still doesn't change the fact that how the employer will treat a minimum of five weeks off work sick is something that we cannot predict or tell her.

She states that this is a global company - but whilst some (due to their size) may be more accomodating, there is also no guarantee of that because global comanies can actually be some of the worst and least accommodating employers - they are too big to care about national laws, and big and rich enough to ride roughshod over people.

An employer can definitely penalise you for illness even where it qualifies as a disability.

By not penalising I meant they can’t treat her less favourably because of her disability, can’t consider her a “difficult employee” purely because of her disability or manage her out the door purely because of her disability. Organisations need to follow their sickness and capability policies (you’ll note I told her to check her employers policy). If they treat her less favourably than her non-disabled colleagues they’ll be on a sticky wicket.

Sorry but this is simply not true. It is not standard practice, it is not common and the law doesn't require it.

Yes definitely something sick leave should cover.

My friend recently had time off for stress and the doctor suggested signing her off for six weeks! So I think you’ll get the time you need off.

and good for you for looking at solutions to your mental issues from a fellow BPD sufferer :) x

Standard practice is for disability related sick leave to not be counted in anything related to capability/absence, or in future references. op, check your employee handbook on this.

Please don't assume that that is the case. It does not necessarily change anything. It would depend on the employer, and there are many factors involved in reasonable adjustments which may or may not include some limited additional sickness days before they start any absence management processes. Nobody excpet you employer can tell you what they think about that. And nobody except a tribunal could determine if they were reasonable or not.

I work for a very large public sector employer with six months full pay and six months half pay as a contractual entitlement. The "trigger point" for sickness absence normally is 9.5 days - because I am disabled I get an extra TWO DAYS! After that I would be placed in sickness absence management which could lead to my dismissal - five weeks would definitely trigger a warning about my absence.

Please don't take as accurate wild statements about disability related sickness being treated differently - there is no law supporting those claims, and people who quote the Equality Act as saying such things simply don't know what they are talking about. People with disabilities have very, very few actual legal entitlements, and those they do have are often bound up in "reasonable adjustments" which is often a complex and fluid concept for which there is absolutely no stipulated legal definition. What is reasonable depends on the circumstances of each and every individual case; and can only be arbitrated in a court of law if it is disputed.

Sorry but this is incorrect. An employer can definitely penalise you for illness even where it qualifies as a disability. The employer may need to consider if they can allow a reasonable adjustment (usually a small amount of extra sickness days before sickness absence processes start to kick in) but sickness is sickness and they is no special circumstances for disability related sickness. The only form of sickness where it cannot be counted is pregnancy related sickness.

I think that you should speak to your GP and your employer. If you needed a hysterectomy for example and were going to be off for 6 weeks, then it's likely there would be no issue, I don't see how this is massively different - you're unwell and you need treatment.

Hope you manage to get sorted OP.

If it's a reputable place and your MH is as bad as you say, then I'd have no issues as a GP with giving you a fit note to cover the time. If it's not so reputable then that might be an issue.

This

Also a lot of references these days only provide job trial and dates of employment and don’t comment on things like Sick leave. You could ask about the policy for that

Some of the responses on here are not quite correct. You can’t be discriminated against for having a disability but that doesn’t mean occupational Sick pay can’t be stopped (depending on the terms of it) or that people cannot be dismissed on capability grounds even with a disability

However you’re nowhere near that stage yet OP. I would ask your GP to sign you off and talk to your work. 5 weeks is not that long and as someone else said of you had cancer or broke your leg no one would question it - your mental health should be no different to your physical health

Id do it in a heartbeat.