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Migraines + pregnancy vs attendance management policy

4 replies

SleepyNess · 29/01/2014 08:18

Hi all. I really hope someone could advise on this..

I've been suffering from migraines since childhood. They got worse in my 20s and i have been put on various preventative drugs with no effect.

I have been working at my current job for over 3 years. I continued having migraines 2-4 times a week but was able to work whilst taking pain medication to manage the attacks. I've had about 5-6 days off sick (all separate) during the first and second year. On the third year, they decided to get strict as our attendance policy allows 3 instances and everything above that triggers attendance management procedures. I was threatened with disciplinary action and send to occupational health who advised my condition is covered by the Disability Act and they should offer reasonable adjustments, in my case, increase the number of absences that would trigger the policy. I was told they could increase it to 5 instances but no more because otherwise 'would be unfair on anyone else'. Again, due to heavily reliance on pain drugs, I've managed to stay within the limit.

... and then I got pregnant.

First trimester was bliss, I was off sick for a fews of days due to vomiting and dizziness ("maternity related sickness") but my headaches reduced in frequency. Until the second trimester.. They came back with a vengeance and I have since been waking up with a headache every single day. Paracetamol helps sometimes but not every single day.. I have virtually no quality of life - wake up with a headache, paracetamol, some relief, work, come back home with a headache, dinner, bed at 7pm, repeat. I have called in sick with a headache once and during the return to work meeting they told me this will not be treated as 'maternity related sickness' and will go into my record and is covered by normal attendance policy etc.

Are they right to say this is not 'maternity related'? The fact that the frequency increased so significantly with the 2nd trimester shows that this is indeed pregnancy related and my GP seems to agree with that. She set up an appointment with an obstetrician to discus stronger pain relief / preventative medications. First suggestion did not provide any relief so I'm due to see her again in a couple of weeks.

So I am off sick with a migraine again today (second "instance" this year) and I'm really worried about it. What do I do? What do I say when they wave the attendance policy in front of my face saying "all this still applies because this is an ongoing issue"? I cannot get rid of pregnancy hormones and I don't want to poison my baby with strong drugs.

I am even tempted to ask my doctor to sign me off work for a week or two just so I can get back on track but at the same time I don't want anyone to think that i'm trying to avoid work or that i'm not capable at doing it. I am! But I need more help and less stress in order to continue.

But most importantly - what are my rights??? Are they right to not treat this as an "ongoing issue" rather than 'maternity related sickness'?

Sorry for such a long post and thank you very much for reading it.

OP posts:
flowery · 29/01/2014 08:43

No one on here can advise you whether they are right to assume a worsening of a pre-existing condition is pregnancy-related. Your doctor or a doctor is best-placed to do that. I would ask your doctor to write to your employer confirming that your absence is pregnancy related which should hopefully do the trick.

flowery · 29/01/2014 08:44

...whether they are right to assume its not pregnancy-related, sorry.

CurlsLDN · 29/01/2014 08:55

Hello, I have a similar situ with my existing migraines getting worse in the 2nd trimester. I spoke to my midwife about it, and she wrote in my notes that it was triggered by pregnancy so I could show work. They can't argue with that.

If they did argue, and escalated it, what would happen? If hey tried to discipline or fire you for either a disability or pregnancy related illness they'd be facing a very serious court case!

SleepyNess · 29/01/2014 09:36

Flowery, thanks, I'll try that!

Curls, did you get better towards 3rd trimester?? I'm not sure what they would actually do (though policy is clear: too much sickness => attendance target => failed target => dismissal) but it feels as though they're trying to intimidate me into never calling in sick. And they say it within "it's not me, it's the policy" context as if its not up to them AT ALL and no flexibility available whatsoever.

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