To think I will be dismissed for sickness record?

[nojob]

I started a new job last October with 3 month probation. I was told in January that my probation was to be extended for 2 months 'due to absence' as I'm not fully trained up yet and haven't been able to demonstrate I can meet the required standard. They said they are confident that I should meet the required standard by the end of February.

I have been off sick for 10 days in total (2 days in November, 2 days in December, 1 day in January all due to very bad periods and 5 days last week due to a heavy cold.). Can they decide not to pass my probation even if my performance is ok? They haven't said anything yet but I get the vibe that they are not very supportive of sickness. I missed some important training when I was off last week. Should I be worried?

5 days for a heavy cold is excessive - the worst is over in 2 days. And two lots of 2 days for periods! That’s Almost a month every year!
I’d be trying to find a way of getting rid of you if I were your employer.

Bloody hell - what an unholy gleeful pile on - ooh yes, I’d sack you in a heartbeat, I’ve been working for 40 years in front line battle and fighting Ebola. SARS and conronavirus and not had even one day sick

Well in their position I wouldn’t take you on, sorry to be harsh but you get a period every month would you be taking sick time every period? My periods have always been heavy but I have never taken time off work or school (and at that time they lasted 10 days and made me severely constipated)

Love how op said if I don't call in sick again I should be ok then? Makes me think it's an attitude problem, not a health problem. This month I can come in even though I've still got same periods I've had for years ?? If it's that bad surely you will undoubtedly have more occasions and you will be truly too unwell to work at some point, presumably next month? Or is it a case of I'll have to stop taking piss cuz ive finally realised there are consequences? if you were my colleague I'd be hoping you conceive straight away as maybe your mat cover would be reliable and they can get 9-12 months of commitment and relive some of the pressure you're putting onto others? If you are genuinely too ill to work that sucks and I hope you do find some solutions to help with fainting etc as it sounds awful and I do think the workplace is not sympathetic to people with long term health problems and should be more supportive. But (apologies if I'm wrong) honestly from your minimal posts I think you're just out to get what you can and sod the employer and your colleagues. If this is the case and its not genuine inability to work then hopefully if you have another mouth to feed your attitude to work will change because you don't want to be in insecure employment with the costs and responsibilities of a child added to the mix. Maybe all these pages of posts have made you think a little about your attitude to work. Best of luck with TTC and it sounds like you've got a great mum!

With such colourful language you should think about getting a law degree and expanding your vocabulary!
Actually your job is not totally safe but if they have missed a procedural stage in their policy you have a case you can discuss with them internally as you should try and avoid a legal battle because they are draining and stressful. Have a look at their policy.
Mumgonenuts2020 makes good points.
This is what I know of extended periods on probation periods:
They should state under what circumstances your probationary period can be extended, and for how long. Your employer can only extend your probation period if your employment contract says that they can extend it in the particular circumstances for example to have more time to assess your performance. In some circumstances they may be several reasons to extend your probation period - all of which should be explained in their policy and in your contract.

If they have no provisions stated in the contract for extended probation periods even if they have them in their policy they have effectively hired you by default after your three months period. I know this sounds absurd but it has happened in the past. If I were you I’d read the contract and their policy.

@johnmartinday regardless, they could confirm the probation period tomorrow but still dismiss on Friday whilst the employee is under 2 years service. It is alarming that you refer to a 'legal battle' as unless the OP has missed out some very specific information in relation to potential discrimination there are absolutely no grounds for a potential tribunal here.

I don't think there's any talking to some people who genuinely believe they can't be at work during colds/ other issues periods aside. That needs dealing with as 1 day sick every month and usually more isn't acceptable. @Willowashen (I think it was you) says, some people have an awful attitude or mindset to illness which is sometimes learned. Can you ask colleagues what's normal there for sick leave? I have colleagues who have gone off at the drop of a hat if not feeling their best but others who look dreadful but still come in. It's a balance

I don’t know you so I reserve my comments about taking advantage of your employer and the other employees about your sickness being legitimate or over exaggerated.
What I will say though is faking sickness or taking a cavalier attitude towards it is not smart because one can do so much more at work.

@Dickvandog RTT she's been to the doctor for periods.

john Do you work in HR?

@polkadotpj depends on the cold and the person. If I have a cold I go in. If I have a v sore throat or losing my voice, I don't
If someone comes in looking dreadful, I move into the hallway so I'm sat on my own out of the office
But that's what my manager and I have worked out over time, he understands I am prone to losing my voice and as I can't work then I have to be off. In return he lets me sit elsewhere if others are unwell so I'm less at risk from catching it

Yes, absence is monitored especially during probation period. 10 days in 4 months is ALOT do I would expect to be let go

@Darbs76 Under the equality act any sickness I have as long as it pertains to my endo is not normally counted towards my sickness in respect the sickness policy so my actual sickness level will be higher than 3 incidences in a year (although I try to use A/L rather than sickness where possible) but since I have hit my 3 unrelated sickness’ I have I’ve been informed any type of sickness including my endo within the next 12 months will lead to dismissal under capacity which I’m told still applies under the equality act as the act only stretches so far in relation to disabilities before you are deemed not to have the capacity to meet the needs of the company. I don’t think its helped that the latest occupational health nurse they sent me to see reported that she doesn't believe endo is incurable and my illness’ are self inflicted and if I undergo counselling and take up meditation I’ll be practically cured of ill health and therefore spend less time off work!!! . I’m really lucky that my direct manager is amazing and discretely allows me short notice A/L and as per my original occupational health report uses her discretion to allow me to swap my days around when I’m struggling otherwise I’d probably already be gone so I can really sympathise with the OP, its not easy having longterm health issues and holding down a job. Those saying they’ve only had 8 sick days in 20 years is great but not everyone is so lucky, I would love to never be ill! However I do agree time off for a cold during a probation period where sickness is already raised as an issue is silly. Whilst there are times I’m genuinely too ill or in too much pain to go in I do often drag myself in when I’m not great and dosed up to the eyeballs including full of a cold which she probably should have done in light of the regular period issues.

With regard the period problems, I wouldn’t be going in either if I was likely to faint and assuming she drives that would not only put her in danger but other road users too but from an employers point of view this is not their problem and they need someone reliable which sadly she is not all be it through no fault of her own. I echo what others have said about pursuing with the GP as there are quite a few treatment routes she could try but sadly many of the treatments she could receive she can’t if trying to conceive which unfortunately is a catch 22 unless shes willing to put off TTC allowing her to gain treatment until she is more financially stable and has held down a job for at least two years when it will be harder to get her out.

OP, with respect, you come across as being more concerned about how you can have time off rather than focusing on how to demonstrate your commitment, maturity, and personal responsibility - which is what your employer will want to see.

Your focus needs to be on minimising absence and in terms of any medical condition, you need to demonstrate that you are taking responsibility for it; ie working with your GP to find a solution to your heavy, painful periods. IF your employer doesn't terminate your employment, then the best thing you can do is demonstrate the above; if they do- then you will want to be able to demonstrate it to a new employer.

I understand heavy painful periods - I had them myself for years; turned out I had major fibroids and ended up having surgery - but I at least could prove to my employer that I was dealing with the issue. I rarely took time off anyway for my periods - only towards the end when I was being lined up for surgery as the situation was getting very very bad. Once I had my surgery I was back to work and fully committed. I'm still there 10 years later and doing well. I am rarely off sick.

Your iron tablets aren't solving the problem - they are dealing with the symptom of fainting (not very well by the sounds of it) - you need to find out why your periods are so heavy and painful - and look into ways to resolve it - ask for a referral to gynae or whatever you need to do. It shows you are taking personal responsibility.

Re a cold/flu - I'm someone who believes if you are sick you are sick; however, that said, you need to learn some resilience and how to dose yourself up and push through - everyone has to do it sometimes. If nothing else it means that if you are genuinely REALLY sick and can't avoid time off, your employer will be more understanding because they won't see it as taking the piss. If you are off all the time then it becomes tedious and you end up with no credibility. It affects your reputation in the company and, assuming you keep your job, you certainly won't be considered for promotions, opportunities etc... as your conduct shows you don't take your job or the company seriously.

With the greatest of respect - you need to grow up. Demonstrate that you take responsibility for your personal health and attendance. Acknowledge where you have failed to live up to your employer's expectations and if they are good enough to keep you on - go ALL OUT to PROVE yourself ie. no more sick days and see your doctor to get your periods sorted properly.

At my work it’s 2 instances in 6 months and/or 10 days.
People freely take the piss with sickness
“Ooh I’ve not been off for 5 months I’ll be off next week I don’t want to waste it”
“I had 4 days off in January so if I’m poorly before June I’ll take 6 days to take me to 10”
And even with that mind set and culture your absence rate would have raised eyebrows not just for management but for staff too.

To RedGirl99:
They can dismiss you at anytime even after two years.
I know of companies who have dismissed people for all sort of reasons fairly and unfairly hence why I said read your contract and their policy and always make notes of meetings and incidents.

www.nhs.uk/conditions/heavy-periods/

Interesting that you find posts “helpful” when they tell you what you want to hear...

Unfortunately some of them are a right load of codswallop. You can’t make a claim for unfair dismissal if you have less than two years continuous service unless the dismissal is due to certain excepted factors. Lack of conscientiousness is not one of them.

To Rose789:
I think that attitude is despicable and does nothing for staff morale for those who come to work to make a difference.

@johnmartinday of course they can, but what you are saying in relation to OP's situation is inaccurate and not particularly helpful for her. OP can make as many notes/read as many policies and contracts as she likes but she will have no recourse if the employer decides to dismiss her whilst she is short serving - whether they pass her probation (intentionally or unintentionally) or not. You keep talking about procedures and legal procedures but that is all completely irrelevant in these circumstances, unless there has been some element of discrimination which I think (unless OP is holding back information) it's pretty obvious that there hasn't been.

I work in employment law so it's my area of expertise.

johnmartinday Are you in HR?

Coming from.someone with a genetic illness that has become severe who thought to keep her job amongst dislocations, chronic fatigue, chronic pain, several infections and hospitalization, I'd say you're taking the piss.

Do you know how diffucujtvit is to maintain a career while disabled and the discrimination we recieve for our sick days, un and out of work yet people like you, OP, are the reason employers don't take people with genuine illnesses/disabilities on.

I am a grafter and always have been. My body won't let me work and I broke down the day my employer's OH told me I could no longer work.

Take extra pants, pads and painkillers for your periods as well as a hot water bottle and as for the cold, geez oh!! I can't even!!

To RedGirl99:
Yes this was an oversight. You have to have worked for at least two years before you can claim unfair dismissal.
I was told by a barrister friend that those on maternity leave before the two year qualifying period were covered. This may not be applicable to OP but it’s nevertheless useful information.

*Fought not thought
*difficult it is
*in and out of