Does anyone know much about employment laws? Work have changed their sickness policy, and DS2 is ill.

[Saltire]

I work for a large high st retailer. Thye are apparently changing their sickness policy.
We will now get 4 absences then dismissal. I don't know the full ins and outs, as I ahven't yet had my meeting to discuss it with my manager.

However. I ahd 12 days off in january with a chest infection. Then about 2 weeks ago, spent 3 days in hospital with a suspected heart attack.
When i went back to work the second time and had my "back to work interview". I was
A) Given a formall written warning telling me that my absence was unacceptable and that I had 3 months, duringthis time if I was off again then a disicplinary would occur and i could face dismissal becasue I would then have had 4 absences within a year (may 2008 x2 days, then janury 2009 x 12 days, Feb 2009 x 4 days)
B) Given a verbal warning, which would also be noted on my file that I had failed to attend work one day (the day I was rushed into hospital) and failed to notify them why I wouldn't be in(Iwas wired up to every heart machine going).

Now DS2 has been up all night vomiting and diahorrea. He obviously can't go to school, so if I ring up today and say I won't be in, are they entitled to give me the disciplinary? can they dismiss me, for it being an "Unathorised" absence, which is what they term any illness

Most people misunderstand that most companies do not have a 'sickness' policy they have an 'absence' policy - they are not disputing that you are unable to come to work due to illness (unless someone has seen you painting your house or something) but that you are not at work. Other people then have to cover your work.

The process is there to let you know that you are being paid to come to work. There will be times when you are unwell and unable to come to work. This is totally different to having time off for dependants - yes this is normally unpaid.

I have had 3 days off sick since starting full time work at age 21 (I am now nearly 36). I took time off for antenatal appt etc when pregnant but nothing else as I was not unwell whilst pregnant.

I returned to work when my dd was 5 months old and have not had a day off sick. My dd reacted badly to her MMR injection and ended up in hospital. My childminder could not take her as still had sickness and diahorrea and being a single parent have no-one else who can have her. I had to take 2 days off unpaid and a day's holiday. My employer made me feel that I am not trusted to come to work as I let everyone down. Life is just crap sometimes!!

Carrie, I agree, it was never sickness I was forced to discipline for, it was absence.

I hated it.

IIRC, Time off for dependants (something I took an old employer to an employement tribunal for) is different to sickness, it's time off to care for a dependant in an emergency : sudden illness/breakdown in childcare/hospital admission/accident and is designed to give someone time off to make alternative arrangements, there is no time limit but the courts ruled that three weeks for chicken pox was taking the piss. This does not affect other rights and a parent has it from day one of employment. It's a statutory requirement so there's no qualifying period (you don't have to work for the same employer for 6 months for example).

It's not the same as sickness but you need to tell them as soon as practicably possible. You may/may not get paid for this.

Carrie , Manky - yes but if someone is off ill, such as I was, when I tripped over a box at work and was sent home. It was then put down as "unathorised absence" (which is how work terms all absences, even those with a sicknote from doc) and I had a formal warning.
Then I had 12 days off (with a sicknote) for a chest infection, followed a couple of weeks later by 4 days off after being hospitalised (2 of the days I was in hospital) and have been given a written warning that my unathorised absence from work is unacceptable,and if I am off at all in the next 6 months I will be disciplined and "under the new rules that could mean dismissal". So despite them seeing my discharge note from the hospital and despite them having the sickness note from my GP for last time, they still gave me formal warnings.

So, is it any wonder I am not happy about having time off for DS2 being ill.

Is there a limit to how much of this dependants leave I can get? Ds2 says his tummy is still sore, and is walking around like a half shut knife, however he's not been sick since 8am yesterday, and lay around in bed most of yesterday, and slept all night. I'm just worried that if I take another day off, then DS1 gets it, I'll end up being off all week!

Saltire, I agree, when we disciplined it was always for unauthorised absence, never illness.

We used to investigate each case and the level of discipline varied on the cirumstances, but we always had to follow the company protocol to the letter. We had no room to make allowances, everyone had to go through the same process, otherwise we would have been open to a discrimination claim.

In answer to the question about how long you can take off for emergency carers leave, I don't believe that there is an actual length of time stated, but by definiition it is only Emergency, and therefore most employers would expect you to have alternative care in place after a few days. Flowery is the one to ask about that though, I haven't been in management now for a while!

With any luck the rest of you will avoid this bug. For some reason this time round my eldest avoided it totally...the rest of us were as sick as dogs! I hope he is better soon.