Is being off work for MH reasons not seen as ‘real’ sickness?

[BlueNell]

I’m autistic and about 6 months ago I was very unwell with poor mental health - autistic burnout I assume. It was an awful time. I couldn’t eat, I couldn’t sleep, I was in a really bad place, couldn’t leave the house or talk to people. I took about two months off work. Fortunately, I’m doing much better now and have managed to return to work but reduced my hours.

After I returned to work I was sent a first written warning about my absence and I’m not allowed to take any more sick leave for 12 months. The letter literally states that if I take any further time off work I will be sent a final written warning. Fair enough I guess

Last week I went to work unwell (sore throat and cough), I felt like I didn’t have any choice given I’m on a warning. My manager asked me why am I working as I’m clearly not well and should take sick leave. I told her I’m not allowed to take any sick leave as if I have another day off I will get a final warning. She said that didn’t sound right.

Later, she came and found me and said she had checked with her manager and I am allowed time off if I’m unwell. She said you can’t help being unwell and so of course I’m allowed sick leave if I’m sick, she said I should go home. I told her again but the letter from HR literally states if I take any further sickness leave I will be sent a final warning. I don’t want that, I don’t want to risk losing my job - it’s a really good job for me.

She said not to worry and the letter didn’t mean I can’t take time off if I’m actually unwell. As you can’t help that. I’m really confused now. Does that imply I wasn’t ’actually unwell’ when off work due to poor mental health? So I can’t take time off for MH reasons but I can for physical health?

The HR letter cannot legally say that you cannot take more sick leave. There is no maximum to the sick leave you are allowed.

Did you properly document and evidence your last period of illness, with doctors fit/sick note etc?

You need to ask for clarification. In writing.

Outline in an email to your manager what she has said and and for clarification that

a. You can take time off when unwell and
b. That this includes me that as well as physical health.

In the context of the letter you received as it is now unclear to you.

I think it’s multifaceted:

A) Many people who are genuinely suffering with stress or anxiety or depression or burnout do a really good job of appearing to function well and get on with things; until they don’t. But as a result, colleagues think “they seemed perfectly fine and cheerful last week, it seems like a convenient excuse.”

B) Some people, some times, take sick leave and report it as stress or anxiety when it’s just an “easy” way to get a GP to sign them off. You sometimes see it being advised often on MN when posters don’t have childcare for a bit or are just not enjoying work: “get your GP to sign you off for stress.”

HR cannot say you can’t have more sick leave point blank. Are they aware you are autistic, and therefore eligible to have this considered as a disability to make adjustments for? Do you have a supportive GP? Having them keenly aware of what’s going on with your mental health and willing to put as much in a letter is a good idea.

It depends what the letter actually says. HR absolutely could have said for example “if you take any more sick leave in the next X period then we’d move to final warning and then dismissal” if OP has hit the triggers for absence.

So really there is a limit to the sick leave you’re allowed, most workplaces have thresholds for sick leave and they can dismiss.

I can see why you feel confused about the situation.
The things I wonder are - did the letter you received after the long absence specify that it referred to all sick leave, or to sick leave for the same condition i.e. autistic burnout? Was this leave certificated by a doctor? Have you previously declared to the company that you have autism and may require reasonable adjustments? Any of these would be useful points to make if you were to receive a warning.

However, if your boss says you should not be at work in the state you’re in, who are you to disagree? That seems to me to be a pass to go home!

How long have you worked for your employer?

I think you need to talk to your manager and HR as some of your time off may be should of been classed as disability leave / under reasonable adjustments related to your autism.

That is basically what it says @Mrsttcno1

Yes, I provided the correct documentation and had sick notes for the time I was off. My GP was really supportive. I genuinely couldn’t work, I was in a very bad way. And my job requires a high level of attention to detail

Yes, I definitely need clarification!

My employer knows I am autistic, they have made a few reasonable adjustments.

I would’ve thought they’d be more lenient towards absence related to a disability than being off with a cough/cold

But the letter didn't state the OP cannot take sick leave. Just started that it will step up the absence monitoring process. Its pretty standard in many companies after a certain amount of absences.

I would work through this bug, OP. Also do you have a union you can ask for help? If not join one.

If your sickness is related to your disability, you may have certain protection under the Equality Act 2010. Though it doesn't mean they cannot let you go. They may have to put certain adjustments in place to support you.

I’ve been there one and a half years

Sounds to me like a bit of a mess up in the HR dept, probably an automation incident or a new(ish) system being implemented when you were initially off. If you are off for long term stuff HR isn't allowed to send you 'standard' stuff, so normally there is a tick box for any emails, staff meetings etc.., when you came back, the tick box was unticked, prompting a system update hence the letter.
I know an explanation isn't what you need, but, (I'm bi-polar), it helps process the process (!!).
Get clarification and tell them how stressful the situation is!

Unless you have 2 years of service, you have very few rights but they cannot let you go for reason of disability (and it sounds your MH absence was related to your ASD). As said, please join a union!

I’m in a union - I didn’t think to speak to them! Thanks

Then that is pretty standard. Two months off is a long time and would trigger lots of companies absence limits hence there being a letter sent.

Letter should state that if you are off for any length of time you will need medical certificate to cover the period and if GP costs are incurred your employer will reimburse you

Please do!

I suspect they were keen for you to go home as they didn’t want to catch your bug.