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Can my employer question me over how I am whilst I'm on sick leave?

4 replies

neuroticmumof3 · 16/09/2012 16:29

I have bipolar and am currently signed off with it as I've gone into a mixed episode. My employer knows I have bipolar and I have provided a sick certificate. I attended a meeting with my employer the other day, it was a finding of an investigation into a complaint against me - I know I didn't have to attend whilst on sick leave but I chose to in order to get it over with. Before she told me the findings she started questioning me on how I was feeling. I didn't want to elaborate other than to say 'not well'. She was adamant she had the right to ask me and that I should answer her. I don't think that's the case but am I wrong? Surely while I'm off sick the details of how I feel etc are none of their business?

OP posts:
hermioneweasley · 16/09/2012 16:34

Your employer has a duty of care, and it is normal social discourse to ask how someone is when you see them while they are signed off sick. If she is calling you hourly or daily that Might be considered intrusive, but asking you whe you are otherwise there and attending a meeting seems perfectly normal to me.

numptymark1 · 16/09/2012 16:35

yes they can ask

employers rightly want to get employees back to work as soon as possible and can offer support to return to work

if they don't ask how do they know how they can support you

also it's reasonable for them to want to know when they can expect you back at work

if you have a 4 week sick note and they don't know how you are, how do they know how to plan -you may be back the first day after your sick sorry fit note runs out, or you may send in another 4 week sick note -how do they know if they don't ask?

also -common courtesy would say that if you know someone is ill, then you ask them how they are feeling

nocake · 16/09/2012 16:43

If you were at a meeting to discuss a complaint against you, how you are feeling is very relevant. Consider what happens if you were to claim that you were forced to attend the meeting despite feeling ill? It could cause your employer all sorts of problems so they are making sure you're well enough to be there.

YoullLaughAboutItOneDay · 16/09/2012 21:34

Yes, absolutely she should have asked you. You were at a meeting to deal with a complaint and, as you say yourself, you didn't have to go in in the circumstances. She was totally right to satisfy herself you could cope with the meeting before starting.

If she was agressive or rude that's different, and sorry you felt upset, but the principle itself was sound.

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