Fit note not accepted as authorised absence

[M1SSUNDERSTOOD]

Hi I have a fit note from my Gp which states I am fit fir work subject to proviso a) amended duties- b) workplace adaptations.

However on handing this fit note in, employer says I am not medically certified and it will be considered unauthorised absence. They want me to go back to Gp. So on contacting surgery the Gp says the fit note is acceptable and he won't give me another one!

The catch 22 is my employer admits they can't accommodate the proviso on the fut note therefore I can't return to work and ultimately i have been placed on redeployment list. I think it's because the fit note doesn't have an "end" date as Gp says I could return work tomorrow if the proviso was met. So where do in stand now without a fit notes which covers the situation?

The fit note does cover your continuing absence until the conditions are met.

Are you still receiving treatment, and are further changes to your condition anticipated?

What job do you do.
What are the provisions.
Why can't they accommodate them?

What absence have you had?

Hi thanks for the replies. I posted in a panic as only received letter today. Now I have had time to think about the situation I will phone employer on Monday and explain situation and onus is them to advise me. AFAIK they would be in breach of contract not to pay me sick pay as they don't have job for me to go back to and have admitted as much.

Your employer is talking nonsense.

the fit note means that you are fit for work but only if they can make the adjustments specified. If your employer is unable to do so then you are certified sick - they need to get themselves better educated about the new system

see this link to acas www.acas.org.uk/index.aspx?articleid=2832

Thanks. I can now breath a sigh of relief as it looks like they are totally in the wrong.

M1ssunderstood I am in the same situation as you and I understand that a fit note entitles me to sick pay.

However, I had a medical certificate from November 2010 till 31st March 2011 (my contract state sick pay full up to 6 months and half pay for a further 6 months). I have been fit to go back to work since mid March 2011.

Now my employer now requesting a "may be fit" note which will extend sick pay and my salary will be cut by half in June 2011.

The only reason I cannot go back is because my employer is saying that there is no vacant position for me. I did not agree to this. I did not have a say in this and I don't believe them.

I have been told to stay away and forced to extend my absence so why isn't it counted as authorised pay an not sick pay?

janes I may not be reading right. When they say you have no post to go back to ... Are they making your post redundant?

Sorry jenes

jenes your sick note ran out at the end of March and your doctor has confirmed you are fully fit to return to normal duties and normal hours?

If that's the case then your doctor wouldn't give you a further fit note anyway even if you asked for one - if you're fully fit for your normal job you don't need anything from the doctor and should just go into work as normal.

If your employer are asking you to get a note from the doctor are they disputing the fact that you are fit and well?

I am not pregnant I am disabled and my employer know that I have been very ill since a year and a half ago.

OH advised for redeployment from current job to a clerical post.
Employer advised that due to budget cut the vacant clerical post was deleted 4 days before my OH report came through confirming redeployment.

I have been off since Nov.'10 because of a major chest infection requiring chemotherapy (long story - non cancerous condition). And my last medical certificate run out on the 31s of March and I feel fine. However, I have been forbidden to go back to work.

I am a disable person fit to work. However, HR is asking me to request support from my GP because I cannot walk long distance and use public transport (prone to infection and arthritis type pain in the feet/ankle - lifelong condition.

HR also stated ?You will be aware that if it is not possible to provide the support for you to return to work that the statement would be used as ?not fit for work?.

I am confused. For some reason suddenly they are expecting my disability to go away.

If the OH advised redeployment from current job does that mean you are not in fact fit to return to your current job, but will only be fit to work if they can find another, more suitable job for you? You haven't said anything that indicates they are expecting your disability to go away tbh.

Do you think there is a suitable job available to redeploy you to? Have you pointed out the vacant job to your employer and asked why you are not being redeployed to it?

Yes I am not fit to return to my current job as a TA as it involves working with 60 children everyday and I am on immunosupressant drugs for life (i.e. prone to infections).

They haven't find a suitable post for me at my current school as they deleted the two that could have accommodated me 4 days before my OH report (confirming redeployment) came through! They claim conveniently that it is due to budget cuts.

Currently and for the last 16 years I only had to walk to school in 10-15 minutes top. Now that I am disabled they expect me to be redeployed (regionally i.e. across the borough knowing that I cannot walk long distance or travel on public transport due to my disability.

What do you think they should do? If you are not fit to return to work in your current job and there are no jobs available that you would be fit to return in?

When you say they claim 'conveniently that it is due to budget cuts' do you mean you think they ought to create a new post just for you, or should have delayed deleting posts they didn't need/couldn't afford just for you?

What action do you want them to take at this point?

They should give me the clerical post that was available and that I requested to be transferred to as a reasonable accommodation in Nov.

Yes, they needed the post as someone was appointed to it mid January and then she rejected it ONLY then my employer decided to delete it instead of giving it to me, ONLY 2 working days before my OH report came through confirming redeployment to an office post (how convenient - you know who arranged he appt with the OH).

You are trying to convince me that Council HR and schools are right to get rid of disabled people (who have worked for them for over 9 years) and ignore the Equality Acts, law...that protects disabled! I will never agree to that especially that I am only 43 and very skilled!!! I AM FIT but disabled...

I also feel that HR and the school are wasting valuable time, energy and money trying to legally get rid of me instead of putting that time and effort into something more beneficial and productive.

But legally they can 'get rid of you' as you are incapable of doing your existing job and you are incapable of travelling to an alternative job. The deleted jobs don't exist. They don't have to make you a job. If there really was a need for a clerk and there was budget for the role then why ever would they delete the role especially if it is a role you could do and they could easily give it to you?

I am not INCAPABLE of doing my existing job. The environment I was doing it was the problem and made my condition worse. Not enough reasonable adjustments were made and I was challenged constantly.

Why would I travel to work when I haven't done so in the last 16 years? Why should I start to travel on buses full of people with no air conditioning when I have a disability that would cause me to get sick/catch infection?

"If there really was a need for a clerk and there was budget for the role then why ever would they delete the role especially if it is a role you could do and they could easily give it to you?"

Exactly you seem to have all the answers why don't you tell me?

You are nit able to do your previous job and there are no suitable alternatives. What exactly do you now expect your employer to do?

hairylights: already answered that question above.

Re current job- is the issue that you have immune issues therefore working with children not ideal? If you were a ta I don't see how you could avoid this . What were the changes you thought could be made to current job that would
Make it viable?

Also re budget cuts I am afraid in current environment it seems all to plausible that these were required.

Unless I'm missing something, all you've said is you want them
To give you a job that doesn't actually exist any more. That's too much to expect of an employer.

Yes my immune issues is the problem hence OH requested desk job which I am entitled by law.

As a disabled person I was made to work alone for 2 classes, 2 teachers and 60 children and I spend most of my time running around struggling doing photocopies, phoning parents re absences, etc... During one day I would probably spend 3 hours max with the chn.

By sharing the job with another TA (all KS2 classes had 2 TA's except my year group - Y5) I could have dealt with all the admin, resources, displays materials... side of things and the other TA could support the children.

Yes but I am covered by the DDA and therefore am entitled to reasonable adjustments/accommodation adjustment. I am pretty sure I can prove that the post were deleted to prevent me from getting them.

I am rights I have worked for them for 10 years and worked 1 year full time without pay to secure this job (as it was my daughter's school and only 7 minutes walk from my house).

But if y5 didnt have another ta then as hairy lights said you are askif them
To create a job that isn't there. Also I am not sure how you would prove that they get rid of job on purpose unless you can use a foi request or similar to Get documentary evidence to show they did which I think it's unlikely to have.

Year 5 should have had another TA!! That is my point!

No I am asking them to make the reasonable adjustments that I am entitled to by law.

Maybe I can't prove anything and maybe I am the only one who finds the fact that the only post I could be transferred to was deleted 2 working days before my OH report came through confirming redeployment...

But hopefully my solicitor will be able to do all the things that I cannot!

But that isn't your decision to make. The school/ lea has decided it doesn't need to or can't afford to.

I'd be most surprised if a decision Luke that had been made just so that they didn't have to give you the job.

Yes you are entitled to reasonable adjustments but the dda would not expect a TA to have reasonable adjustments that mean no child contact. That would be unreasonable.

Also it cannot be expected that they have to find a job for you if one doesn't exist.