HR/Payroll advice needed please: still can't get back to work 4 months since I was fit to rtw

[JemimaGina]

I work in education and, after a period of sickness (disability related, from late April - mid July), have recovered well and am fit and ready to work. I contacted the personnel manager back in July and informed them that I was fit for work, hoping to get the necessary admin/meetings out of the way ready for the new school year.

As I had to attend a OH appt and a rtw conference, the personnel manager asked me to obtain further sick notes to cover my absence until these meetings had been completed.

Personnel only arranged my OH review for the end of October(!) and am still waiting for the conference for my rtw to be arranged.

I've always had a good relationship with my employers and haven't questioned these delays: should I start to? Should I be worried that it is taking so long? I love my work and - hard as the adjustments have been since the diagnosis of my condition - I am desperate to get back in there.

My last sick note ran out mid-October. Until recently, I was okay with getting these notes while the meetings were being arranged/conducted (although it didn't really sit well with me, I understood that the standard procedures had to be followed, hoops jumped through etc. and I needed cover). I have been through this process once before and it didn't take nearly so long - maybe a month from start to finish. My pay has been reduced now that my absence has lasted over 6 months and I am worried about paying the bills.

Now I'm losing out on pay I feel reluctant to ask my GP for another sick note as I don't want it on record that I am not fit to rtw when I am and should be in work earning my full wage iyswim. I know I'm having more time off but I don't want it! I am losing out on training and skills and have now missed the best part of a term with the department and students I work with.

WIBU to expect my employers to continue paying me in full, as the length of absence has been extended due to administrative delays and not actually due to ill health?

Thanks for reading.

Why didn't you just turn up ready to work when your last sick note ran out?

YANBU, but you should have said when your doctor signed you as being fit for work that you were therefore coming into work as normal. If they then said they wanted you to stay off for a short period for administrative reasons then that's fine, but no reason you should agree to this unless the leave is fully paid.

If you are fit and willing to work you are fulfilling your part of the contract so they need to fulfil their part and pay you.

So these meetings and appointments shouldn't be barriers to a rtw as such then and I can work whilst waiting forgotten to take place? I thought due to disability, H&S legislation I would be unable to rtw without having jumped through these hoops and having all the boxes checked: isn't that the case? This is all still very new to me

Waiting for them to take place.

Either you are fit to return to your job or you aren't. If you would need adjustments to return to your job, then your fit note should say you are fit to work if x,y or z are the case. Which means if x,y and z are not the case, you are not fit for work.

But if you doctor has signed you as completely fit to work your job as normal, the only thing that might prevent that would be bureaucracy on the part of your employer, which isn't something you should take the financial burden of.

If there is no physical reason you can't start doing your job again, and you are willing and able to do so, you should be paid if they want you to wait for whatever internal administrative reason.

That's what I thought flowery. My GP and the OH doctor are both of the opinion I am fit to be in work so I think I will contact payroll, explain the situation and ask for payment in full. Thanks for the advice.

I can't imagine payroll have anything to do with deciding this. They will just pay you what they are told to.

I would contact your own manager and the personnel manager saying that you are fully fit to work as certified by your own doctor and the OH doctor and are willing and able to do so, therefore if they want you to stay away from work they will need to place you on paid leave while they get their act together . You could then say if you don't hear from them by Friday confirming arrangements for paid leave, you will be returning to work on Monday.

Can evidence that your employer has refused to permit you to attend work since your last sicknote expired?

If so, you have been effectively suspended (on disabilty grounds) and therefore you should be receiving your normal full pay and you should tell Payroll and Personnel that in writing (recorded delivery).

If you are not absent on your employers instructions, your position is problematic.
As you're not signed off sick you are not entitled to sick pay.
As you're not attending work your employer isn't obliged to pay wages.

Your position depends on the communcation between you and your employer since you were fit for work.
If they simply asked you to wait until after OH and other meetings took place; it could be said that by complying with their request you agreed to this state of limbo.
So, although your absence (since your sick note ran out) is authorised it could be unpaid.

Absent written instructions not to attend work from your employer, I would suggest that you go to work at your normal start time tomorrow and make it clear that you are fit and ready to work.
If they then send you home they must pay you because they are effectively suspending you.

If you just wait for them to sort things out you could still be in this unsatisfactory state of limbo months from now.