Work expect me to continue going in even though I have a sick note

[BralessBetty]

I was signed off full-time for 2 months due to stress & now the doctor has given me a new sick note saying I can go back part time but only 2 days a week for the next two months. I forwarded the sick note to work & they've told me theystill expect me to go in as normal (full hours) until they have 'assessed' my sick note & decided whether to accept it or not'!!! Wtf? Is this normal? Aibu to refuse to go in?

No it’s not. Have they said this over the phone for via email? Who has said it, line manager or HR?

Maybe ring ACAS for advice.

What does your contract say?

They won’t be covered by their insurance to have an employee there outside the terms of a sick note.

Doesn't matter what the contract says. Of course they can't make you go in with a sick note.

And I'd be surprised if their insurance covered workers who shouldn't be there!

Exactly what Queenofpain said. They can just disregard a sick note.

My manager's manager said it because they're very short staffed. Basically if I don't go in there'll be no-one there at all for the service users.

Read your policy please.

Usually phased returns are down to a discussion with the manager not just what your GP has decided!

Also usually this is for post op returns/very long term sickness in my organisation, where people physically or mentally struggle for a whole day. If you would then speak to your boss about why you feel this would be good for you and for them

It’s supposed to be a joint discussion.
Have you been referred to occupational health? They might be able to give you advice but IMO work do not have to agree, it’s down to them if they think either stay off until you feel ready to come back or come back full time

Then they need to get agency staff or sort their staffing issues out. Not your problem op. Don't go in

They can’t do this. I’d speak to your HR department (assuming you have one) and ask them to refresh the manager’s understanding of how these notes work. If you don’t have a HR department, call ACAS first thing.

Not your problem. You need to follow the advice of your doctor for the sake of your health.

If they won't budge just go back to the gp, more than likely they'll fully sign you off again. Your employer loses out even more then.

Usually phased returns are down to a discussion with the manager not just what your GP has decided!

Agreed but the fit note in such cases usually says “you may be fit for work...” before making the suggestion which should open up the dialogue between the parties. The default position up to that time or if agreement can’t be reached is that the employee is unfit for work.

Can't...

If they won't budge just go back to the gp, more than likely they'll fully sign you off again

She shouldn’t need to, if the recommendations on the fit note aren’t agreed the default is that she’s unfit for work as per the fit note.

@Jeezoh
The notes are fit notes
Not reduced hours notes
A GP can decide what is best for a patient but not what is best for a company

They are telling OP they won’t accept phased return/reduced hours and they don’t have to. Either OP is off sick or in work. If you want to reduce your hours that is a different conversation you cannot just hand a fit note in saying you will work 2 days a week for 2 months

Basically if I don't go in there'll be no-one there at all for the service users

Tough shit. It’s their responsibility to get someone.

So they are admitting they want you in because they’re short not to assess your note. They’ve got it, that’s that. They need to find cover.

They are telling OP they won’t accept phased return/reduced hours and they don’t have to. Either OP is off sick or in work. If you want to reduce your hours that is a different conversation you cannot just hand a fit note in saying you will work 2 days a week for 2 months

Yep they are just recommendations. The doctor can’t tell the employer how to run their business.

Doesn’t bode well that they’ve resolved the issues that caused you to be off really does it.

HR bod here. The doctors note is a recommendation, if employer can't accommodate it then it should be treated like a full sick note i.e. you are not fit for work.

At the end of the day it's the employer's call. Surely half a person is better than none though?

They can't tell you to go in full-time. The GP has said that you are fit to work reduced hours. They can choose whether to accept you returning on reduced hours, or to say that you must continue to take sick leave until you are 'fully fit'. They can't say 'that doesn't suit us, you have to return full time'.

Pretty sure the doctor cant dictate the hours you work. You can ask work for staged return, they dont have to give you it.

As I understood it, the “may be fit to work” notes aren’t legally binding. Awful of your employer not to be more understanding - might it be worth going back to your GP and asking them to sign you off until you’re ready to go back full time?

They won’t be covered by their insurance to have an employee there outside the terms of a sick note.

This bollocks is why AIBU is not the place to get employment law advice.

I don’t think that is what they mean by assess the note.

Everyone is assuming they are saying they aren’t accepting this note, they are saying they aren’t accepting the note recommending 2 days a week - they are only accepting full time.

You have essentially asked for a phased return (shorter hours for a period of time) based on your GP recommendations and this is what they are assessing

Actually @bigwow it does matter what the contract says, because as others have pointed out on the thread, it's effectively a request for reduced hours or a staged return, not a sick note. So what the contract says about requests for reduced hours or staggered returns to work is very pertinent.