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End of mat leave but doc wants to sign me off....

8 replies

walkingonair · 20/10/2010 14:22

I would really appreciate some advice...

I'm due to go back to work in a few weeks having taken a year off for maternity leave. I'm currently being treated for post natel depression and my doctor doesnt think i'm ready to go back to work just yet. She has suggested signing me off for another month or so but i'm worried about what my employer will think and the effects this may have on my job.

I recently went for a promotion, but was unsuccessful. If I get signed off i'm worried it will look like sour grapes. In hindsight i shouldnt have gone for the promotion anyway, but now i have to work for the person i competed against for the job. I have never met him and dont know how understanding he will be if i delay my return to work.

I've only recently acknowledged that i need help for depression and i'm worried how i'll cope. I'm also dealing with the sudden death of my father, who passed away 2 weeks ago and there is so much to sort out with his estate.

I'm now back on full pay, as I'm taking my holiday entitlement so technically my return date was 6 weeks ago, however if i get signed off sick (also be at full pay) i'm worried that my colleagues and boss will think i'm taking advantage?

Can they terminate my contract if i get signed off?
Has anyone else been in or know anyone who has been in a similar position?

OP posts:
cheryljaynemason · 20/10/2010 21:58

Poor you - haven't experienced anything similar, but have a decent knowledge of employees rights at work and can tell you that they can ABSOLUTELY NOT sack you for getting signed off sick with depression. Only you know if you are ready to go back but it sounds like it really isn't a good time for you what with the PND and losing your dad at the same time. Any half decent employer would say that they would rather you take the time now to get yourself straight rather than go back too soon and then end up taking much more time off in a few months time. PLEASE put yourself first here for your own sake and that of your little one. I know its hard but try your best not to worry too much what others are thinking about you - that really is their problem not yours. Take care of yourself, you won't get any thanks for rushing back xx

MrsCMAW · 21/10/2010 09:03

I think what you have to think to yourself is whether you are more use to work if you go back ill and unproductive or take the time you need to get better and go back at full strength. If I was your employer I know which I'd prefer.

It is important that you look after yourself, both for your sake and your family's sake but also for your work.

Please take the time you need and don't go back too soon.

As cheryljaynemason said, I'm sure they can't sack you for being off sick.

Dracschick · 21/10/2010 09:18

I actually think that you can be sacked whilst off sick,not sure of the actual rulings but I am sure you can.

However youve had such a lot go on its hardly surprising you are feeling depressed if a Dr thinks you are unfit for work then Id agree.

walkingonair · 21/10/2010 09:21

Thank you. You've hit on a valid point; i need to not worry about what people think and put my family and own needs first. I'm just worried i may be looked upon less favourably if and when they start looking at redundancies next year. I know they'd be silly to single me out straight away, but cutbacks are inevitable and there are two other people at my level within my department.

At the moment I just cant see how i'll manage back at work. The job is stressful and i feel physically sick when i think about returning. I have so much going on at the moment and i'm usuually such a strong person, but everything seems scary at the moment and I dont know why?

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flowerybeanbag · 21/10/2010 09:22

It would be wrong to say they can't sack you for being off sick - it's perfectly possible to do that, however what they can't do is just terminate your contract if you get signed off.

Terminating someone's employment for being off sick would involve a long time off sick, medical reports, attempts to find alternative work or ways to help you back to work and good reason to believe that there is not a realistic prospect of you returning to work in the near future.

All of that is a long long way off and not something you should be worrying about at all as it is highly unlikely to get anywhere near that.

Please listen to your doctor and look after yourself. If your colleagues think you are taking advantage, let them think that. Once you are back at work, working hard and doing well, if they have had a negative impression of your commitment that will soon disappear.

Make sure you are working with your doctor in the meantime to try and get yourself better.

RiverOfSleep · 21/10/2010 09:23

I'm so sorry for the loss of your father. I would take some time off sick. I think 99% of the population would. Be kind to yourself x

cheryljaynemason · 21/10/2010 09:49

Sorry should have been clearer, they can't sack you for being off sick unless they can prove you are off sick so much that you are no longer fulfilling the terms of your contract. In your case, unless you have been signed off work for a considerable period previously (ie off as much as you've been there) in the past few years this does not apply. To be honest, even if you had it would be a brave employer who would consider terminating you/ selecting you for redundancy over other candidates when you have just come back from maternity, sufferring from depression and having sufferred a bereavement recently. I know I wouldn't dare because that has 'big settlement at a tribunal' written all over it! Listen to what these ladies are saying - it is NOT reasonable to expect you to go back to work right now.

walkingonair · 21/10/2010 10:42

Thank you all so much for your advice its been really helpful.

In the 4 years i've been there i've hardly ever taken time off sick, so they should be okay right? I had orginally planned to take just 6 months off, but extended my maternity for as long as i could, so in my mind i feel as though i've been away forever. I havent really had a great deal of contact with them either so I guess i'm feeling out of touch and its causing me to second guess their reactions.

Once again thank you for your comments, i see things clearer now.

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