WIBU to get signed off sick for this long?

[owlpacker]

Hi, long time lurker but have an issue I can’t wrap my head around and had to post. Hoping someone with good HR/employment law knowledge or a similar experience might be able to help!

My DH suffered a seizure last week. It was very unexpected and a shock to us all. To keep a long story short, as a result, he has had his driving license suspended for 6 months. This is a huge issue as he works at a job that is impossible to get to without a car - and I mean impossible. There are no buses or trains within walking distance; the nearest train stop would still leave him half an hour away by car. I work 45 mins in the opposite direction so can’t drop him off. We have recently moved and now live 1hr 15 commute each way from his work so a taxi isn’t financially viable either.

Currently, he is signed off sick because the seizure has aggravated a previous shoulder injury caused by a car accident a couple of years ago and he is unable to carry out his job. Not to mention, he can barely seem to remember his own name!

My concern is that his work are already calling asking how he plans to get himself into work when he is well enough, but I just can’t see this job being an option for him at all. He was looking for another job nearer to home anyway and will continue to do so, but would it be unreasonable to continue being signed off sick until his driving license is reinstated or he finds another job?

To clarify, he does qualify for company sick pay (basically full pay) for 3 months and we cannot afford to pay the mortgage without his salary. We feel terribly guilty at the thought of having him signed off sick a week at a time for 3 months with his employer breathing down our necks, but I just can’t see another option?

TIA for your advice

@owlpacker

I agree with other posters that your DH cannot get signed off on sick for 6 months, just because he can't drive for 6 months.

Could he contact a taxi company to see if they can do a deal for the next 6 months? Also be warned - It could be longer. A friend of mine had a epileptic fit after not having one for 10 years, and she had her licence suspended for a year.

Then when she went to reapply, the doctor/specialist recommended she was not to drive for another 12 months. Luckily, she lived 20 minutes on the bus away from work! Her husband was pissed off at having to do ALL the driving though, EVERYWHERE they went, and everywhere the kids had to go, for 2 years.

This was circa 2006/7 though, so it could be different now.

I sympathise. My DH works odd shifts and we live in the sticks, and we don't even have a bus stop for 3 miles! He works 13 miles from where we live, and there are NO buses there (from the bus stop 3 miles away,) after 7pm.

If we had no car, or he had HIS licence taken away, we would be in the shit too. He would have to try and make a deal with a taxi company, or rent a room nearby, for his 4 days at work (he does 4 on/4 off...)

I think it sucks how people depend on cars so much these days. But society has made it like this sadly...

I hope your DH is better soon. And that your family are all OK ...

Sorry if I’ve missed it but can anyone who works in HR or has actual experience of the legalities advise whether the employee is allowed to be contacting them regarding return to work, at this point I mean? The guy is seriously unwell and signed off. Should they be asking these questions now or should this not be managed during a “welfare” or return to work meeting once he has an approximate return date as agreed by a doctor.
If he is unwell then DO NOT feel guilty for taking the sickpay. They have it in the policy so please don’t feel bad receiving it whilst he is signed off.

Kind of sounds like they are already considering their options of being able to dismiss him tbh.
Make notes and keep all the paperwork, just in case

How terrifying for you both. What are the next steps in terms of medical investigation? I think you're right atm to take the line with his employees that you are waiting for investigations and will keep them updated.

Your DH should receive a copy of the discharge notes from the hospital when they are sent to his GP. This may give him a clearer picture. Is he under the neurology department? You may find the GP is willing to provide a sick note for the time being and until they either find a cause or write it off as a one off, especially if there are lone working/health and safety implications.

I think perhaps some people here don't realise the serious effect that seizures can have on body and mind, let alone the stress that comes with one coming unexpectedly and no cause identified yet. There can be injuries (like your DH's shoulder) which sometimes can be major.

OP I know you are worrying but if possible I would advise DH to speak to the GP and ask about fitness to return to work under the circumstances, you may find they prefer him to be off until investigations are concluded.

I wish you both well.

(I have epilepsy which is not controlled well enough to drive at the moment).

Surely..... you put a plan in place.

We live in a village, moved here to be close to dhs job, which was also in a village closeby. All this before I became disabled. What then happens when you’re made redundant and can only find decent employment an hours drive away for example?? This is exactly our scenario. I’m chronically ill and disabled and unable to work. A move would be too much for me to handle. Dd is settled in the area. Had dh gone for any old job locally, we would have had to move as the mortgage is too high.

What should our contingency be??

Stupid comments like the one above and any justification for such comments come from the blissfully unaware.

PS getting a bicycle is not a good idea if he's not medically safe to drive

Obviously a lot of people can cycle if they can't drive (previous post was badly worded sorry) but under these circumstances I don't think it would be advised.

OP perhaps ask for this to be moved to employment or legal and someone like @flowery may be able to help?

I agree with getting a private deal with a driver or taxi company when he is well enough - so basically not now. I also agree getting this thread moved to employment or legal.

My friend's husband was off sick long term, with cancer. One day HR rang her and said "well when is he going to die then?" These people seem to be a law unto themselves, literally.

@DishingOutDone

That’s horrendous!

He can’t remember his name? You need to see his GP and also take advice. Is he in a union?

Honestly it may not just be 6 months. If he has another seizure he is not going to get his license back in 6 months time- so this might not be a short term.

I am epileptic. I was absolutely fine until I was late teens and all of a sudden started having seizures, which continued.

I don’t think being signed off sick can be a long term plan- although if he has more seizures he may well be unfit to work

My friend's husband was off sick long term, with cancer. One day HR rang her and said "well when is he going to die then?" sad These people seem to be a law unto themselves, literally.

God! if someone said that to me they'd get their workstation and chair pushed up their fecking arse!.

On a more serious note i was off driving for Eight months caused by the meds i had to take and self employed at that time and it was a momumenat PITA really was but we mamaged. One outfit springs to mind i wonder if ACAS might be of any help at all?.

www.acas.org.uk/index.aspx?articleid=2042

Alternatively, rather than being signed off sick, could you find someone willing to chauffeur your husband into work each day in your husbands own car. Do you know anyone out of work, a grandparent etc who could potentially save the day. Even if you have to pay 25% of your husbands salary, it’s better than losing his job.

DH started having transient absences and was initially referred to a cardiologist and GP thought it was linked to his heart problem. Cardiologist referred him on to neurology and It took 4 months for the appointmnt to come through.
Check the help to get to work scheme but it is quite restrictive.

Also suggest he looks into Access to Work. It may be possible to get funding towards cost of taxi. Is it possible to take train/bus part way? Travel arrangements alone would not be a reason to be signed off once he is fit to work and make the journey.

@myopinionisvalud Who notified the DVLA? Amongst other things my DH had a succession of strokes, and is on anti convulsants, I haven't notified DVLA - he isn't and wont drive - because we were advised not to as it is a bugger of a job to get the licence back again.

I thought you had to notify dvla if any lasting effects after stroke?

A friend of mine had a epileptic fit after not having one for 10 years, and she had her licence suspended for a year.....the doctor/specialist recommended she was not to drive for another 12 months. Her husband was pissed off at having to do ALL the driving though, EVERYWHERE they went, and everywhere the kids had to go, for 2 years.

Wow. What a peach that husband was. Most people would be worried for their wife’s health and eternally grateful that she had not died.

I’m sorry to hear this has happened, I lost my licence on medical grounds after a seizure. The DVLA move quickly to rescind your license but are very slow to give it back.

I couldn’t get to work by public transport so my GP agreed to write in my support tha5 I couldn’t travel by public transport due to possible tiredness and me bing a shift worker.

Access to Work paid my taxi bill for a a year, over £2000 a month!

Thank you all, some really good suggestions here I wouldn’t have considered. I will see about getting the post moved to legal as well :)

Grumpos - thanks, I am beginning to think his employer was pushing him too quick and taking advantage of his good nature. He is a workaholic at times and they put a lot on him - doctor in hospital did suggest it could have been caused by work related stress so your comments have made me wonder about their intentions and we will be careful.

WeBuiltCisCity - he is under neuro and awaiting a follow up CAT scan (though he did have one come back normal) and other investigations. No date or further word on what that will be though. And you’re completely right about the stress. I am currently driving him all over the place to stay with friends and family on their days off so he’s not alone in case of reoccurrence. Hate the thought of him seizing alone and choking or injuring himself further.

Dishing - that’s awful! Some people really don’t think before they speak!

TenlittleCygbets - sorry, turn of phrase. He’s not that bad but will forget a conversation we had 10 minutes earlier or something. Earlier today I picked him up after I finished work, we got home at 6pm, he popped to the loo and came back and asked what time we were leaving. But we'd just gotten in for the evening with no further plans to go out. Bit worrying and certainly not work-worthy behaviour!

Thanks again!

@SauvignonBlanche that’s very encouraging! We will definitely look into that when we have a timescale on recovery.

As a line manager, once diagnosis determined etc. I'd arrange an occupational health referral. Get advice on whether the Equality Act and therefore Reasonable Adjustments apply. Trial journey to work as part of keeping in touch arrangements. Phased return etc.

Given reference to workaholic status suggest when the time is right he has a good look at the demands of the job etc.

this tells you what you have to notify to dvla. And yes, ongoing effects after a stroke do have to be notified.
FWIW, ds had to surrender his licence for six months after brain surgery. Apparently this is to reduce the risk of him having a first, sudden seizure whilst driving. It only took a couple of weeks to get his licence returned once the time was up. Was a pain having to drive him to and from work every day for six months, but as he also works in a fairly inaccessible location, there was no option. Dh, DIL and I shared it.

Yes I think lodging in a room. It is going to be a long and expensive six months.

If he is unfit to work, then his GP would presumably be happy to sign him off. Not being able to drive to work/travel to work does not make him unfit to do his job. Therefore, surely he can only be signed off for as long as his shoulder injury makes him unfit for work?