Help! Asked for info on parental leave/career break, sent to Occ Health, Occ Health signed me off, now asked to request career break??

[working9while5]

I am on mat leave, currently unpaid. When I left work for mat leave, I had not had any sick leave in over six months (and previously had 3 weeks off due to threatened miscarriage in this pregnancy).

I approached my line manager in November for information about options for returning to work. Just information - career break, parental leave, not returning etc.

I had no response and recontacted in February, and was sent to Occupational Health . I have a diagnosis of moderate depression and perinatal OCD and have been having services with the Mother and Baby Unit in Leeds and though my request was related to this (to have extra time with my baby) I wasn't looking for sick pay though my psychiatrist has said I should be signed off rather than taking unpaid leave as I have been so unwell, so getting certification is not going to be an issue now anyway...

OH basically said I would be off for 3-6 months minimum after interview and have referred me to an OH psychiatrist. I thought I was doing well, but they don't seem to think so!!!

Once my manager received report, I had an email NOW inviting me to take a career break "beginning from 7th May" (my original return to work date... but OH had extended that to end May previous week).

I think they are trying to stop me taking sick pay, which really angers me as I originally approached them for unpaid leave and they weren't prepared to answer me about this until they heard that I was signed off. I work in an NHS trust that is a specialist mental health trust ffs. It is a "Mindful Employer" with a chartermark and everything.

How should I respond? Where do I get advice from? I feel clueless! I only wanted to stay off until 1st July just to give me some extra time but now it seems to be that I am being asked not to come back for six months!!!

I don't understand. So you asked for information about parental leave and career breaks, not mentioning sickness or sick leave or ill health at all, and you got sent to Occ Health? How did they justify that? I would have not gone tbh.

Anyway, if your psychiatrist says you should be signed off, then get signed off. Then write to your employer declining their offer of a career break, and stating that you will be returning to work as planned on 7 May so please ensure you are reactivated on the payroll from that date. Send them the medical certificate from your psychiatrist.

And I agree, they are not behaving well and it does look as though they are trying to do you out of your sick pay, so I would be inclined to raise that with your manager as well.

They knew I had been sick as I had let them know in pregnancy/before the baby came and I had contacted them once after the baby came as I had had a private email from a colleague about something to do with work e.g. about the whereabouts of some files , but no, I didn't mention sick leave or ill health at all in relation to the parental leave. I said I was fine now, had finished treatment and just wanted the extra time to be with my baby as I had been unwell.

When they sent me to OH, I sent them an email to say that I was unsure as to why I had been sent as I had a statutory right to request parental leave and I was not asking for leave for health reasons, or any paid leave.

The email I had back basically said "as you know the first point of call is to go to Employee Health and Wellbeing", and I said that wasn't my understanding of the situation. They said they needed to contact HR for guidance and the next email I got was after they received the Occ Health report (I have a copy of this) which said I wasn't fit to return until the end of May at least and that my illness could be expected to last to the short to medium term and I had been referred onwards. That email said that they had been in contact with HR who advised in my circumstances "were happy to support" a career break from the 7th of May for a minimum of three months (but longer might be required). Hmmm? Longer required?

I will do as you say, thanks.

(I also might add I have no history of mental health issues nor any competence issues... this is purely because they are crap with ill health). Grrr.

I went straight from mat leave to sick pay, as have some of my colleagues. Different reason from yours - I had a physical injury that prevented me from doing my job. Nevertheless, I was intending to and willing to return after mat leave but an injury prevented me. I am fairly sure that an employer is not allowed to ask questions about your personal state of health. They should have a clear policy on returning to work after mat leave. If you have to go to this Employee Health and Wellbeing department, it should be clearly stated in your return to work info, which you should have had access to before you went on mat leave.

If you are working for the NHS, are you a union member? They often have a good legal advisor who would be my first port of call.