Page 6 | To think this should be sick leave not annual leave?

Toddlerteaplease · 2025-12-07T15:27:36+00:00

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!

Mrssnips · 12/12/2025 12:06

Whatsthatsheila · 09/12/2025 07:49

Then you need to be having a word with your manager as well.

the idea of the equality act is to make things equal -

if you didn’t have MS you wouldn’t be needing to take time off for additional appts or treatments.

therefore under the equality act reasonable adjustments must be made to ensure staff with disabilities are not disadvantaged when taking time for appts or treatments or sickness related to their disability.

by telling you you must take a/l or toil for these appts your manager is disadvantaging you because you are having to use these for appts that a non disabled person wouldn’t need to.

to take it as unpaid is the same principle - you’re colleagues wouldn’t need too lose salary due to disabilities so you shouldn’t but unfortunately- there’s no automatic right under law for it to it to be paid - some employers will allow it to be recorded as sick leave - others have disability leave policies to distinguish between the two which are paid /partial paid or unpaid

—others may just have it unpaid authorised absence - but that would be leaving them open to discrimination claims

if that’s the case that’s it’s unpaid and you chose to take as a/l or toil that’s your choice but it’s pretty shitty to be forced into that position so again - most trusts will have a paid disability leave policy. You may need adjustments in place to recognise this but again this should be automatically considered by your manager.

shift swaps - yes at a push if you are able (ie it isn’t going to cause detriment to health eg if an epileptic nurse was told to have the time off for a neurology appt was only possible if she swapped her allocated day shift for a night shift would be unacceptable
so no shift swaps aren’t enforceable either

in short - the correct and equitable way to record the time is for the treatment itself - disability leave. Post treatment when you are too unwell to work - sick leave - get a fit note.

If you have a good doctor will record first day of not fit to work as the first day of treatment though - it’s sick leave ☺️

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Exactly this. MS is one of the few conditions automatically considered a disability from the point of diagnosis for the purposes of thee Equality Act so if you have MS you are considered disabled and an reasonable adjustment would be to have time off for appointments.

Mickey540 · 12/12/2025 18:09

@Cat1504 100% agree I thought the same
been given loads of good advice no one actually agrees with what work are saying and then you say I will take it as sick. Give up 🤦‍♀️

Original poster

Toddlerteaplease · 12/12/2025 22:20

@Mickey540i can’t take the day of the treatment as sick. But I will take the next day off as sick if I need too. Which will apparently be ok as I will actually be unwell. 🙄I really don’t feel that I can argue it with my manager or the matron. As they will just stick to the policy.

OP posts:

Holidaytimeyay · 12/12/2025 22:33

I work within the NHS and at my work place, it would either have to be unpaid leave or have to take it off as annual leave. We dont get paid time off for any medical appointments. Pregnant staff are treated differently as there are laws around this.

Whatsthatsheila · 13/12/2025 04:55

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Mumofoneandone · 13/12/2025 05:36

If your condition classifies you as disabled, and this is treatment for your disability than surely you should be allowed to attend without having to take annual leave. Otherwise it's probably discrimination.
It's also a medical appointment, which you should be allowed to attend without an issue. If you are then too sick to attend work you are signed off sick.
Possibly contact a union rep if you're in a union

Rosscameasdoody · 13/12/2025 06:47

Holidaytimeyay · 12/12/2025 22:33

I work within the NHS and at my work place, it would either have to be unpaid leave or have to take it off as annual leave. We dont get paid time off for any medical appointments. Pregnant staff are treated differently as there are laws around this.

Pregnancy is a protected characteristic under the equality Act 2010, as is disability. OP has MS and meets the definition of disability under the Act, so should receive the same protection. Her employer is aware of her disability but continues to break the law rather than provide the accommodations she is entitled to. This has been pointed out several times but OP doesn’t seem to want to do anything about the fact that she is being discriminated against. The fact that the employer is the NHS and either unaware of or unwilling to apply the law, speaks volumes.

Holidaytimeyay · 13/12/2025 08:59

Rosscameasdoody · 13/12/2025 06:47

Pregnancy is a protected characteristic under the equality Act 2010, as is disability. OP has MS and meets the definition of disability under the Act, so should receive the same protection. Her employer is aware of her disability but continues to break the law rather than provide the accommodations she is entitled to. This has been pointed out several times but OP doesn’t seem to want to do anything about the fact that she is being discriminated against. The fact that the employer is the NHS and either unaware of or unwilling to apply the law, speaks volumes.

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I wasn’t aware that the protection for disabled people extended to giving fully PAID (as in fully paid not SSP) sick leave, I thought that the employer just had to allow for adjustments which could be flexible working, SSP, unpaid leave etc . I didn’t think paid sick leave, other than SSP, was a right. At my work they have a cap on how much fully paid sick leave you can have in a year, after that it is SSP.

Rosscameasdoody · 15/12/2025 18:45

Holidaytimeyay · 13/12/2025 08:59

I wasn’t aware that the protection for disabled people extended to giving fully PAID (as in fully paid not SSP) sick leave, I thought that the employer just had to allow for adjustments which could be flexible working, SSP, unpaid leave etc . I didn’t think paid sick leave, other than SSP, was a right. At my work they have a cap on how much fully paid sick leave you can have in a year, after that it is SSP.

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Those who have protected characteristics under the Equality Act should not be discriminated against, and employers have to allow time off for medical appointments which are connected to a declared disability, as a reasonable adjustment. Employers are not required to allow paid time off, but forcing disabled employees to use their annual leave allowance is discrimination. It’s also recommended that time off which is directly related to a declared disability is not counted as sick leave which can trigger disciplinary action, but as disability leave. But again this is not a requirement, but recommended as good practice.

Original poster

Toddlerteaplease · 16/12/2025 16:03

I’ve never understood why pregnancy gets paid time off. People choose to get pregnant. (Usually) I did not choose to have MS!

OP posts:

Cat1504 · 16/12/2025 17:17

Holidaytimeyay · 13/12/2025 08:59

I wasn’t aware that the protection for disabled people extended to giving fully PAID (as in fully paid not SSP) sick leave, I thought that the employer just had to allow for adjustments which could be flexible working, SSP, unpaid leave etc . I didn’t think paid sick leave, other than SSP, was a right. At my work they have a cap on how much fully paid sick leave you can have in a year, after that it is SSP.

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I work for the nhs….I have a recognised disability….I have many times needed to take time off for treatment….sometimes 2 weeks at a times….adding up to several weeks in the year….it’s always been fully paid and it’s always counted as disabilityleave and therefore never triggers a stage for sickness purposes….I have a well-being plan in place

Original poster

Toddlerteaplease · 19/12/2025 13:32

Had the infusion yesterday. Off sick today as not feeling great. But I do not feel guilty about that at all!

OP posts:

Original poster

Toddlerteaplease · 19/12/2025 13:33

I’ll point out about reasonable adjustments etc when I have my return to work meeting. I was hoping to book the next appointment in yesterday, but they won’t do it until a month before. Which is really unhelpful!

OP posts:

Rosscameasdoody · 19/12/2025 18:18

Toddlerteaplease · 16/12/2025 16:03

I’ve never understood why pregnancy gets paid time off. People choose to get pregnant. (Usually) I did not choose to have MS!

Disability qualifies as protected characteristics and attracts the same adjustments as pregnancy - the Act is designed to protect you at work and ensure you are treated fairly during your most vulnerable times. The time off doesn’t have to be paid but must be allowed off without disadvantaging you because of your condition. You need to stand up for yourself. Your employer is acting illegally.

Rosscameasdoody · 19/12/2025 18:21

Toddlerteaplease · 19/12/2025 13:33

I’ll point out about reasonable adjustments etc when I have my return to work meeting. I was hoping to book the next appointment in yesterday, but they won’t do it until a month before. Which is really unhelpful!

You need to stand up for your rights OP, your condition automatically qualifies you as disabled under the Equality Act 2010. You are being actively discriminated against and don’t appear to be bothered about it.