When does chronic illness get classed as a disability at work?

[PavlovtheCat]

I have a prolapsed lumbar disc, with annular tear, dehydrated lumbar discs, no nerve entrapment at the MRI but that was a month ago. I have had back trouble for about 2 years now, but at Christmas it was the turning point for investigation and diagnosis as once tha acute phase passed it just never went away full, in terms of back pain and sciatica.

Had an OH referral, and one of the questions asked by work was, is this classed as a disability? And the answer was no, but that I would need time off for medical apps. At the times there was suspected disc issue but it was not acute pain and MRI was not requestes at that time. Have a new chair and adjusted work in terms of not lifting photocopy paper etc.

Since then I have had MRI which shows the probs mentioned above. Last week I had a 'relapse' and have been off work, this is my second week, hoping to return on Monday. Been trying to sort of pain management to a level where I can function and not be in pain while this acute phase passes.

The consultant has said that this may well happen again, and of course I willbe working with medical professionals to reduce the risk of this happening and the length of time it takes me out of action.

But. I had one week off work t Christmas with it would have been three if I had not already been on annual leave for two weeks. And now a further two weeks. I cannot guarantee that this won't happen again.

my HR manager is going to do a new referral to OH now we have a more detailed idea of what is going on, and I wonder at what point, if any, i would be afforded some kind of protection in terms of the disability act, so I can't have disciplinary action for absences related to my disc problem.

When I am not in an acute phase I now have to adjust my working practices permanently, but not majorly as it is office based. It is mostly around how I move files that i need and regular moving. I am happy that my employers will support me managing this element but I am worried that I have already met the 'trigger' for informal disciplinary relating to time off and there may be more time off and I might find myself quickly at dismissal stage if I cannot meet the demands they set regarding attendance at work, especially while I am coming to terms with this and managing the pain levels.

And I realise that 'illness' is not the right word for lumbar disc problem but I could not think of what is actually called instead. Brain is fuzzy on painkillers right now.

Condition. That is the word I was looking for...

Hi Pavlov. I would challenge your OH, from what you describe, I believe you do meet the definition of a disability in employment terms, assuming that your condition limits your mobility. The definition is a long term (more than 12 months) physical or mental impairment which causes a substantial adverse effect on your ability to carry out normal day to day activities.

If you meet this definition, you are entitled to "reasonable adjustments", which might include time off for medical appointments, more breaks to mobilise, providing an ergonomic chair etc. what is reasonable will depend on the size of your employer.

By the way, being classed as having a disability doesn't mean your attendance can't be managed - unlimited time off is not a reasonable adjustment, but depending on the size of your employer, other people who can do the role etc, it probably is reasonab,le to expect you to have more than average without disciplinary

Thanks hermoine that's why I talked with hr manager about bringing in oh again, initially,mio had got over the 'acute' phase which led to the oh referral and was managing on low level painkillers and she said in her report, something along the lines of 'does not affect day to day activities' which it did and does, but I guess now I have had this further severe relapse and a diagnosis it is easier to evidence the need for those adjustments.

I am putting into place lots of measures to reduce the risk and longevity of any further lapses (had already been before i took a million steps backwards) and of course don't feel I would be off for months at a time and I am hoping once I have a pain management process in place I hope that even acute periods will be very minimal if they do occur. But, I am worried about the future of my health personally and how I and my family are going to be affected by this long term, I don't want to worry every time I have a relapse that it will in turn become a big issue at work.

I know my employers would be supportive of reasonable adjustments within the workplace and so far have been, also been with other colleagues that have disabilities diagnosed during employment.

hermione I guess my thoughts around it not being clear cut is that when I have a relapse relating to the disc pushing further out or whatever it does that causes this current acute episode (still learning about it) I am clearly not mobile. I can't stand straight, cant pick the kids up. Struggle to get from sitting to standing and vice versa. can't sit well in the car, need lt right outside as cant walk far, crawling up the stairs, etc.

But when managed, and when this phase passes I will be able to do most if not all of those things. I should not be doing many of them though! Like lifting my children, that is out. No hoovering, sweeping (that did it this time), carrying shopping, reaching. The reality is, I can pick a file up from the top shelf and carry it to an interview room or training room, I can renew photocopier paper, but I should not be doing any of those things or else I put myself at risk of further relapse. And that is what I am not sure about when it comes to disability. It is not permanent for 12 months or more, it will come and go in severity, I will always be on some medication and it will not get better/might get worse.

It meets the criteria if the condition recurs within 12 months. They should also be assessing the impact on day to day activities before the positive impact of any treatment. I would really push them on the definition in your case.

Oh I see, I think. Condition will remain constantm the flare ups, well two this year so far. Thank you for your help, it gives me a bit of knowledge when I am asking questions on my return to work next week.

Pavlov, if twice a year your mobility is restricted to that degree, and in between it is manageable only because of painkiller, physio etc then IMO you meet the definition of a disability for the purposes of the equality act (might not get you a blue badge or qualify for benefit, but the thresholds and tests are very different).

hermione not bothered about blue badge yet! Might need one if it goes regularly! But for now can struggle on, it's just the work side that bothers me as I love and need my job.

I might talk to my boss about some working from home as a possible adjustment whn I have to be off work. First couple days would not be able to due to being out of it and only able to lat flat! But some days as I improve I could do couple of hours of paperwork, as long as I did not have to walk anywhere! I think there might be things we can do to help me not be off sick often.

Pavlov, one of my team has the same condition as you. She isn't keen on classing it as a disability, but we have made a number of adjustments anyway, as she is a fantastic member of staff and we want to help her work around it. A better chair has helped, but the thing she finds most useful is a desk that moves up and down at the touch of a button. This enables her to alternate between sitting & standing at her workstation, which appears to make a huge difference. Might be worth looking into?

jinsei oh that would be fab! Not sure my employers would go that far, but they are guided by OH so if they fel it would be helpful maybe they would. I don't necessarily want this to be a disability, I would rather not be 'disabled' but if the label affords me a little protection from being sacked if I have a lot of time off over the coming months and years, then I will take the label, if that makes sense.

Definitely ask OH to recommend it. I don't think it was horrendously expensive, and well worth the investment for a good member of staff. :)

Hi, have you visited the Employers' Forum on Disability website? I find it useful. You should consider contacting Access to Work via your jobcentre too.

pavlov contact access to work they were amazing for me. Loads of cutbacks they cant fund as much as they used to but you will get free assessment at your workplace and report addressed to you not work. Through them I realised my work had ignored specific of previous report they had done (substituted cheaper chair etc) and gently shamed them into getting my heavenly floaty chair

Oh denial thank you for just Info, only just seen this as the thread stopped. I read bout Access to Work a little but thought it was for those seeking work not already in work. I will call them this week.