sickness absences due to disability covered by dda

[Enidblytonrules]

Would someone be able to clarify if sickness absences caused by a disability recognised under dda legislation are legally treated in the same way as pregnancy related sickness ie cannot be used for disciplinary purposes including for example Bradford factor calculations. I thought that this was the case except that disability related sickness absences could be used under 'capability' assessments if they were long term whereas pregnancy sicknesses can not be used to assess capability. Prepared to be told I am wrong!! Many thanks

They can still be included however the employer must make reasonable adjustments. So using a higher score for trigger points would be one possible adjustment. Ultimately though if a person is unable to do their job due to frequent absence then they can be subject to disciplinary procedures, and potentially let go.

Bradford Factor is one of the worst sickness tools i have ever come across. But employers love it because they often refer to it as "the system" with no room to make allowances for individuals.
New and expectant mothers legislation is different to DDA, there is a lot of Health & safety legislation attached to new and expectant mothers as the working mothers condition changes from month to month. They are legally entitled to time off for ante natal appointments and to have changes made to their working conditions, but there is no law that states they can be treated differently regarding sickness... pregnancy is a condition not an illness.
However if someone is having a difficult pregnancy and the absence can be supported by doctors midwifes letters then adjustments can be made, but its all about communication.
Disability is different as it can be long term. If the disibility was declared at the time of job offer then your employer as the other poster stated could award more credits and make allowances for sickness if the disibility has only just been recognised then i would work with your OH dept and your employer to see if something can be worked out.
Good Luck

As rockchick states, your employer just needs to demonstrate that have made reasonable adjustments in relation to any disability so this could be higher trigger points/more leniency in awarding any warnings for example. But, yes it would be counted in a tool such as the Bradford score.

Maternity leave is a different issue and is exempt from any action is due to potential sex discrimination as pregnancy is only applicable to females.

Enid I have a chronic condition covered by the Equality Act and my understanding is the same as yours regarding related absence and the Bradford factor i.e. the absences relating to my condition must be recorded separately from ordinary sickness and it cannot be used for totting up under the BF but can be used in capability assessment. I don't know how it compares to rules for pregnancy though.

many thanks for all your replies. To move it on how have people got their health problem recognised by their employer as covered by the DDA legislation? What if the employer refuses to accept that the health condition is covered by DDA and therefore will not make any adjustments?

Definition here reasonable adjustments here

Are you able to give any more info? What adjustments are you requesting and why are they refusing?

Occupational health can give you advice as to whether or not it is definitely covered. In my first occ health appointment it was one of the required questions that had to be answered by them as part of the discussion.

...and if occ health say it is covered and your employer ignores this and doesn't make reasonable adjustments, they are on dodgy ground.

What constitutes 'reasonable' can vary though. I have been working part time but paid full time since my phased return until Christmas (an additional 6 weeks). That has now stopped and the current reasonable adjustments are that I have no form class, I don't do duty and I don't attend any meetings or anything after the end of the normal working day. I am back full time however.

If you have no occ health then I suppose you will have to involve medics to prove that the condition meets the criteria under the Equality Act.