Protections while sick but not signed off

[burnedout]

My job has well-defined performance requirements. I am coming up to an especially critical work period and career evaluation point. I have been suffering from work related stress. My doctor says he would sign me off with this level of symptoms, but equally could support me to stay in work instead with medication. I want to choose the latter and try to recover and work through this. I have a doctors letter stating this which I can share with HR. However, I am concerned that I will be giving up any protections that come with being signed off.

So I guess my question for any HR people is: from a legal and pragmatic perspective, am I putting myself at risk by not being signed off, but rather trying to work through this with support. I feel I am trying to do the right thing and can manage this, but don't want to let myself down by being naive.

Weighed up against this: if I am signed off, I guess that in practice that will be career damaging, though probably not provably or even intentionally. My career relies on my reputation in the organisation.

Thank you,

I can understand your concerns. The priority should always be your health/well being. So if your GP recommends a short course of anti-anxiety as a coping strategy, to enable you to continue to work then give it a try. The upside is that it could rebuild your confidence and you'll be proud of yourself for facing the music and keeping on. Sounds like you have a job with responsibility so you can be proud of your achievements.

My concern is if you don't feel you can get support from your line management.

If you dont think you need medication, then don't feel you have to go down that route. For example, if your work operates an employee assistance scheme, having a course of talking therapy sessions may be an alternative which doesn't have to be included on your medical history, whereas ADs / anti anxiety meds will do.

Do what's right for you to get better.

If your stress/anxiety is considered a disability (long term, affecting your day to day life) then your employer will be required to make reasonable adjustments to ensure you can remain at work. Shorter days, more time to respond to emails/questions to limit stressors etc. If it's not considered a disability then there is no legal protection as such but your employer would be remiss to not consider what you need in order to remain at work. After all, having you at work is beneficial to you and the organisation. Time off for stress can really help, but sometimes the thought of returning after a period off can exacerbate the stress you were feeling before. Particularly if nothing has changed to the things that were stressing you, or you feel worried that you'll be going back to even more work which has piled up while you've been off etc. At my work, we would encourage active conversations about what that employee needed to avoid having to be signed off in the first place, as it increases the likelihood of not going off and ultimately not being able to return.

If you have told your employer you are ill, or they are reasonably expected to know, then they should ensure they are supporting you adaquately. A visit to occupational health may help them get a steer on what will help you, as in my experience, GPs do tend to think of signing people off first rather than the small temporary changes that can keep people at work.

GPs do tend to think of signing people off first rather than the small temporary changes that can keep people at work

GPs are guided by the consultation they have with their patient. If the patient goes to the surgery it's normally with the intention of getting signed off, not the other way round!

That's true daisychain. Usually it's because the individual thinks thatll help them but in my experience, it can be more helpful in the long term to consider remaining at work with adjustments. You are much more likely to return to work full time, statistically.

People usually say 'I'm stressed, sign me off' and the doctor says 'how long for'. Not, have you considered x, y, z to remove the stressors and remain at work.

I've got muscoskeletal problems and my GP always signs me off with bes rest unless I say I don't want to be, And the advice I have appreciated most is from the OH actually helping me consider what changes will keep me in work long term. It also helps the pain, as being up and active is beneficial compared to bed rest.

What protections do you think being signed off gives you? As far as I'm aware (other than the entitlement to statutory sick pay) there aren't any.

I agree with PP, do what you think is the best thing to help yo recover. If you have the kind of employer who's scared of mental illness both options will be damaging for you. If they're more enlightened, neither will make a difference.

What protections do you think being signed off gives you? As far as I'm aware (other than the entitlement to statutory sick pay) there aren't any.

Some people seem to believe that a doctor’s note means you are exempt from any disciplinary action related to absence.

There shouldn't be any disciplinary action for genuine sickness, regardless of fitness for work certificates or not. Disciplinary action relates to your conduct, not your health.

Work can manage your attendance (again, regardless if signed off or self certifying) but this shouldn't be in line with the disciplinary policy.

Have you seen OH? I would give the letter to HR and ask to be referred.