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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Twonow · 07/12/2025 15:29

Drop HR an email asking for their view. No need to blame your manager. You just ask what the policy would be

Doseofreality · 07/12/2025 15:30

You need to check your contract.

Pippa12 · 07/12/2025 15:30

It would go down as planned sickness for a planned procedure on my unit (nhs). Only cosmetic/non essential surgery is AL.

I’d be on the blower to HR in the morning.

I’d also be pushing for an occupational health referral in light of you diagnosis.

TwinklyRoseTurtle · 07/12/2025 15:31

you need a HR27- covers 5 days sickness per year for disability/ chronic illness have a look at your policies in work or ring occupational health and ask your manager for OH referral too

Twinkylightsg · 07/12/2025 15:31

The first one falls on your day off anyways. So don't think work needs to take account for that.

The second one should be considered as special leave or sickness. Not annual leave. Contact HR

Popadomorbread · 07/12/2025 15:33

Is this for MS? Or similar. MS is protected under the Equality Act. Have you spoken with Occupational Health? I have MS and work for the NHS it is documented in my reports from OH that I should be allowed time off for medical appointments etc… I currently have weekly time off for essential physio. In no way should this be sickness or Annual Leave. It is a reasonable adjustment to allow you to remain well and still do your job!!

BuffaloCauliflower · 07/12/2025 15:34

Yes this is definitely sick leave, sick leave can be for pre planned medical appointments/procedures. Speak to your HR.

GertrudePerkinsPaperyThing · 07/12/2025 15:37

I’m not sure but I think it will depend on your company’s policy.

At my work it would be considered sick leave.

UserNumber56 · 07/12/2025 15:40

I'm pretty sure that in my last job (school admin) something like that would have officially (ie in the contract) been classed as not being sick leave, a bit like a dentist appointment or similar.

However, I'm also pretty sure that my boss would have allowed it not to be counted as paid leave if I hadn't wanted it to be. I would either have used up some of my time-off-in-lieu that I was due or taken unpaid leave instead.

MumshoutsaLOT · 07/12/2025 15:40

I have what sounds like a similar treatment (rituximab) and my work have put 'reasonable adjustments' in place for me. They give me the full day off as it takes ages to administer and I feel exhausted after.

Ask for a referral to occupational health. If your condition is expected to last more than 12 months, then you are covered my the disability act and the company have a legal obligation to put some reasonable adjustments in place.

If they refuse to accommodate your treatment, the have a disability discrimination case on their hands.

I'd also recommend joining a union and speaking to them too as they can cover any legal fees that may come out of this.

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.

thedevilinablackdress · 07/12/2025 15:53

Go on your intranet and check the written policies for sickness absence and special leave, then confirm in writing with HR. Unfortunately managers are not always as up to speed as they should be on these things.

E.g. In NHS Scotland, you would be entitled to Special Leave for specialist clinical appointments
https://workforce.nhs.scot/supporting-documents/guide/special-leave-policy-guide-for-employees/

Special Leave Policy Guide for Employees | NHS Scotland

This guide will help employees to understand the Special Leave Policy.

https://workforce.nhs.scot/supporting-documents/guide/special-leave-policy-guide-for-employees

LilacGardens · 07/12/2025 15:59

Can you not just speak to HR about it?

dragonballet · 07/12/2025 16:02

Employers don't have to provide additional paid leave for medical appointments, even if they're related to disability.

Giving you the option of taking annual leave or making the time up is reasonable.

dragonballet · 07/12/2025 16:05

If they refuse to accommodate your treatment, the have a disability discrimination case on their hands.

There is no disability discrimination case here. They are allowing the time off and accommodating the treatment, but in law they don't have to provide additional paid time off. They've offered a choice of using annual leave or swapping hours. That's perfectly lawful.

DarkForces · 07/12/2025 16:09

I'm an nhs manager and I'd use my option to allocate paid special leave if I couldn't find a better option. I wouldn't want you using annual leave for this. Definitely ask hr. There must be a suitable solution. The policies are clear as mud at times so I expect your manager has misread.

ChristmasinBrighton · 07/12/2025 16:15

Speak to your union rep.

Whatsthatsheila · 07/12/2025 16:17

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!

Nope nope nope nope

in taking a wild guess in my head what the condition and tx is but I won’t post here for privacy reasons in case I am right.

if it’s related to a long term condition then it falls under the equality act - it should be classed as paid sick leave and it should not be counted towards any absence management processes/investigations

this would be a reasonable adjustment under the equality act

your manager is obviously aware of this condition so should be making proactive steps to implement adjustments and you should ideally have a workplace adjustments document in place.

if you are not in a union join one now

seek advice from your EDI team about policies etc.

wise yourself up on the equality act

get an appt with occu heath to discuss your conditions and needs and get them to send your manager a copy of recommended adjustments.

Twilightstarbright · 07/12/2025 16:20

Just to offer some sympathy OP. It’s shit enough having these sorts of health conditions and then feeling like by being honest about needing time for an essential medical procedure is punished. Imagine you had kept quiet and just phoned in sick to n the day- much more disruptive for them.

Comefromaway · 07/12/2025 16:22

It would be sick leave in my workplace but would be unpaid. Policy is that there is no time off for routine appointments but something like this would be different.

however we would offer for it to be taken as paid annual leave

Zanatdy · 07/12/2025 16:22

In my team i’d tell them to take it as an appointment day. It’s not sick though, but I wouldn’t make them take AL. I’d just do it offline.

TMMC1 · 07/12/2025 16:22

Just swap a shift. You’ve stated that’s an option so what’s the issue?

Purplevelvets · 07/12/2025 16:25

I don't think it's sickleave. My employers would treat it as special leave but there's no "entitlement" to that, unless your condition is a disability.

dragonballet · 07/12/2025 16:27

Whatsthatsheila · 07/12/2025 16:17

Nope nope nope nope

in taking a wild guess in my head what the condition and tx is but I won’t post here for privacy reasons in case I am right.

if it’s related to a long term condition then it falls under the equality act - it should be classed as paid sick leave and it should not be counted towards any absence management processes/investigations

this would be a reasonable adjustment under the equality act

your manager is obviously aware of this condition so should be making proactive steps to implement adjustments and you should ideally have a workplace adjustments document in place.

if you are not in a union join one now

seek advice from your EDI team about policies etc.

wise yourself up on the equality act

get an appt with occu heath to discuss your conditions and needs and get them to send your manager a copy of recommended adjustments.

This is not an accurate reflection of the EA2010. It does not require employers to do what this poster is stating.

Whatsthatsheila · 07/12/2025 16:30

dragonballet · 07/12/2025 16:27

This is not an accurate reflection of the EA2010. It does not require employers to do what this poster is stating.

Of course it does. Eq Act is OP shouldn’t face any disadvantage for time taken for appts or treatment relating to condition.

a reasonable adjustment is allowing time for treatment to be taken as sick leave

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