What are my rights when I’m off sick?

[Marelle]

Just wondering where I stand legally. Let’s say I’m off work sick for two days. Is it legal for my employer to text me and ask if I’ll be back tomorrow? Or do they have to leave me alone while I’m sick and wait for me to contact them?

Are they allowed to say “will you be back tomorrow because we need you to get on with X and Y”? Can they ask me if I’ll phone to discuss X and Y even if I’m not well enough to return to work?

I feel like they’re implying it’s inconvenient for me to be absent and pushing me to get back to work because X and Y need doing. Tbh it’s made me quite annoyed because I feel like I’m not allowed to be off sick.

If it weren’t inconvenient to have you off then they wouldn’t need to employ you would they? You don’t want them to think you’re surplus to requirements do you? There’s a job there that needs doing but you’re not there to do it.

True but I’m entitled to be off sick!

I presume that there is a backstory here, OP?

Are you off because of stress?

No it’s either flu or Covid, I won’t know till my PCR result comes back. They have a history of pestering me. If I’m off on holiday they complain about me being off and end up phoning and texting me repeatedly. If I don’t answer the calls and ignore the texts they get angry. So not only am I not allowed to have a holiday in peace, now I’m not allowed to be off sick in peace either. I’m just wondering if their behaviour is legal.

I work for the civil service and have done for 25 years. If I'm off sick I need to speak with my manager every day to let them know how I am. If the absence is likely to be more than 1 week then keeping in touch a few times a week is ok, but for short term absence definitely daily contact is fine.

They should not be contacting you when you are on holiday though!

Your employer has a duty to handle contact sensitively during your time off sick.
I'm not sure putting subtle pressure on you is sensitive.

It isn't illegal to contact staff when they're off on sick leave, no. Sometimes it is necessary and reasonable to do so. It depends on the circumstances.

Of course, it's bad practice to pester people or make them feel guilty. But if it might be covid, I can understand them wanting to know what's going on, a)because a positive test means that you'll be out of the office for days and b) because there might be implications in terms of close contacts etc. Maybe just tell them that you'll notify them as soon as you have received the result?

I hope you feel better soon.

I'm off sick at the moment and there is one administrator who is messaging me about work stuff through Facebook! Basically saying that colleagues are panicking about my work and don't know where to find information. I think messaging through social media is wrong but whilst I would prefer to switch off and not think about work, I also don't want my projects to fall behind too much or get in a mess not my colleagues to be worrying, and it's not like I'm in a coma, I can still think and help others. I would help with their workload and have done if they've been off sick.

I tend to send handover emails to my manager so she can see where things are up to and what needs doing and ask someone else if needs be.

It's hard - I've been in jobs where stress was a factor and then the last thing you need is feeling like they're watching over you and pestering you.

Contact should be from the line manager - not colleagues through social media! That's not on!

I need to have a word. I think she thinks she's being helpful but I do feel guilty as it is and am struggling to switch off and relax. I won't be able to if she's constantly giving me updates from the office.

Yes, have a word. Or ask if your manager can have a word - she doesn't need to tell her off for contacting you but could have a "Jules is worrying too much about work so we all need to leave her alone" type chat?

As others have indicated, there is no law preventing your employer contacting you while you are off sick. Your employer owes you a duty of care, so contact should be handled sensitively, particularly if you have mental health problems or work-related stress.

I'm off sick with glandular problems - they're investigating what - but I'm also autistic so I do struggle to manage anxiety at the best of times. I don't want them to think I'm being unhelpful but the whole point of taking sick leave is to try to rest to let my body heal. Constant reminders/ implications that I'm causing stress for others is not helping me rest.

Sorry to hijack the thread OP but I can see similarities with your situation.