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AIBU?

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Original poster

To think this should be sick leave not annual leave?

140 replies

Toddlerteaplease · 07/12/2025 15:27

I am having a new treatment for a chronic neurological condition. It’s two IV infusions 15 days apart, then 6 monthly after that. The first infusion fell on my days off. I told my manager that I’d need the day of the second infusion off. But apparently I either have to swap a shift or take it as annual leave. I can’t have it as sick leave as I’m not technically sick. (She is fully aware of the diagnosis!) I work in the NHS. Is this correct? I feel slightly aggrieved at having to use annual leave for something I have no choice over! And my sickness record is very good!

OP posts:
Original poster
Toddlerteaplease · 10/12/2025 09:11

I think because it’s only one appointment, I’ll just suck it up and take it as annual leave. But will not feel guilty about taking the next day off sick if I need it. It’s only once every six months in future, so will be able to plan in advance. But I am very surprised that the policy is, as it is.

OP posts:
Stardust75 · 10/12/2025 00:38

I have MS and am starting what I think is probably the same infusions next month. I have them as planned absence due to my underlying health condition. Not sickness absence and not A/L. I'm also an NHS worker. Get in touch with occupational health and HR, it may be that your manager just hasn't had to navigate this issue before. Good luck with the new meds.

Whatsthatsheila · 09/12/2025 23:06

Toddlerteaplease · 09/12/2025 22:33

@Whatsthatsheilayes I’m in the RCN.

Get in touch with them. You need a set of adjustments In place.

Original poster
Toddlerteaplease · 09/12/2025 22:33

@Whatsthatsheilayes I’m in the RCN.

OP posts:
FTHC · 09/12/2025 19:03

Trying to add the MS society link but it won't save 😕

FTHC · 09/12/2025 19:01

Your company may already have policies in place regarding time off related to a disability or long-term health condition. If not, a reasonable adjustment you could put in place might be to allow your employee time off to attend appointments related to their MS.

You may also want to consider recording any time off related to their MS separately from ordinary sick leave, and discounting it from any absence management procedures.

This is particularly important if your company places sanctions on people who take too much time off sick.

Whatsthatsheila · 09/12/2025 18:59

Ha they would did we establish if @Toddlerteaplease is unioned up?

Mickey540 · 09/12/2025 18:54

@Whatsthatsheila i personally think the union would have a field day with this there is no way this would happen where i work.

Whatsthatsheila · 09/12/2025 18:50

Mickey540 · 09/12/2025 16:59

@Whatsthatsheila I know I work in the nhs and our trust appears more flexible and accommodating to this

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It’s shocking that the NHS of all places could be so inflexible and intolerant of health conditions.

Original poster
Toddlerteaplease · 09/12/2025 18:47

@FuzzyWolfI am full time.

OP posts:
FTHC · 09/12/2025 18:42

I used to have to go for infusions every 6 weeks, never any question of me having to use AL or make the time back up.

Mickey540 · 09/12/2025 18:37

Rosscameasdoody · 09/12/2025 16:36

None of this applies if you have a defined disability under the Equality Act 2010 and your absence is due to that disability. But you need to declare it and ask for reasonable adjustments.

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@Rosscameasdoody totally agree 👏

Mickey540 · 09/12/2025 16:59

Whatsthatsheila · 09/12/2025 16:27

The end paragraph “for health reasons arrangements need to be discussed with manager” makes me think they have a wholly inadequate equality policy

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@Whatsthatsheila I know I work in the nhs and our trust appears more flexible and accommodating to this

Rosscameasdoody · 09/12/2025 16:48

Mrscaptainraymondholt · 08/12/2025 16:37

if your neurological condition is classed as a disability under the act then it is disability leave, not annual leave and not sick leave

Disability leave is not mandatory under the Act, it’s recommended that any absence directly attributable to the declared disability is disregarded for disciplinary purposes, but it’s advisory and it doesn’t have to be paid. Employers who comply with the ct will usually follow these guidelines.

Rosscameasdoody · 09/12/2025 16:44

FuzzyWolf · 09/12/2025 16:36

If the OP is part time then expecting appointments on a day off when a full time employee wouldn’t be expected to make appointments in their time off, then it would be discriminating against a part timer.

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No it wouldn’t, because of protected characteristics and reasonable adjustments. If OP’s appointments are at a set time for treatment they are directly disability related. There is no obligation for the employer to pay her for the time off but it should be regarded as disability leave and not holiday allocation. A full time disabled employee wold be treated in the same way.

FuzzyWolf · 09/12/2025 16:36

Foodylicious · 07/12/2025 15:44

Yep, this should fall within disability leave - paid time off for essential appointment associated with your chronic/long term medical condition.
Occupational Health would describe this condition classes as a disability under the Equality Act 2010.
I belive working in the NHS is up to 5 days paid leave a year (pro rata if you are part time).
It can be a bit trickier if you are part time or work condensed hours.
Generally we ask all appts to be made (where possible) on a day off, or at the start or end of a day.

Check with HR.
I imagine your usual working pattern with a day off in the week is part of managing your LT health condition? If this is the case, then OH and HR will/should support your in having the appt on your usual day of work and the time being recorded as disability leave.

Edited

If the OP is part time then expecting appointments on a day off when a full time employee wouldn’t be expected to make appointments in their time off, then it would be discriminating against a part timer.

Rosscameasdoody · 09/12/2025 16:36

Toddlerteaplease · 09/12/2025 15:21

Occupational health have sent me the policy and it turns out my manager is correct. Had a feeling she would be.

None of this applies if you have a defined disability under the Equality Act 2010 and your absence is due to that disability. But you need to declare it and ask for reasonable adjustments.

Rosscameasdoody · 09/12/2025 16:33

OP check out the Equality Act 2010. If yur condition meets the definition of disability under the Act, you have protected characteristics and your employer has to make reasonable adjustment. This would therefore be sick leave and not annual leave. The Act also encourages employers to disregard any reasonable sick leave connected to the declared disability for disciplinary purposes. You need to talk to HR and if you haven’t already declared a disability, then you need to do so formally.

Whatsthatsheila · 09/12/2025 16:27

Mickey540 · 09/12/2025 16:25

@Whatsthatsheila agree that is still not correct with regards to a disability

The end paragraph “for health reasons arrangements need to be discussed with manager” makes me think they have a wholly inadequate equality policy

Mickey540 · 09/12/2025 16:25

@Whatsthatsheila agree that is still not correct with regards to a disability

Hollowvoice · 09/12/2025 15:41

Toddlerteaplease · 09/12/2025 15:21

Occupational health have sent me the policy and it turns out my manager is correct. Had a feeling she would be.

I reckon you've got a case under that second point, there is "less flexibility" for these appointments as they have to be at set times

Whatsthatsheila · 09/12/2025 15:27

Toddlerteaplease · 09/12/2025 15:21

Occupational health have sent me the policy and it turns out my manager is correct. Had a feeling she would be.

nope - Ask for your reasonable adjustments policy and treatments related to disability

or ask your GP to give you a sick/not fit for work note starting the day of the treatment

Original poster
Toddlerteaplease · 09/12/2025 15:21

Occupational health have sent me the policy and it turns out my manager is correct. Had a feeling she would be.

To think this should be sick leave not annual leave?
OP posts:
Whatsthatsheila · 09/12/2025 08:24

Toddlerteaplease · 09/12/2025 08:19

I’ve found the correct email for occupational health and also asked the specialist nurse if she knows of any guidelines. Still can’t find the HR policies. I am fully aware that the trust does not value its staff, despite what they claim.

Do you not have a searchable policy hub - keywords such as workplace adjustments
absence management policy special leave etc could all lead you to them.

do you have an EDI team you can contact or a disabled staff network group for support

Original poster
Toddlerteaplease · 09/12/2025 08:19

I’ve found the correct email for occupational health and also asked the specialist nurse if she knows of any guidelines. Still can’t find the HR policies. I am fully aware that the trust does not value its staff, despite what they claim.

OP posts: