Short staffed and no time off available - affecting my health

[worriedbookworm]

I work for an organisation that is undergoing a review. It is meant to have happened already but this being local government, it always takes three times as long as proposed.

We know there will be job losses, and anyone who has left is not being replaced. However, this short staffing situation means that no one can now take a day off until November. I work 5 days a week and every other weekend, and there is pressure to work every weekend.

I haven't had any annual leave since May, and I'm struggling at the thought of being unable to until November, and the end of November at that. Before anyone says throw a sickie, I would be very loathe to do that. I suffer from depression and I had to take a fortnight off in February, and am under a review for that.

This morning I went to my GP. I've been feeling very anxious (I already take medication for this) and am in full menopause - he is looking at perhaps HRT, but at the moment I feel I'm running on empty. He said he would sign me off for a week, but I said I didn't want this because of sickness monitoring, so he suggested I take a bit of leave. When I explained the situation he said he thought I need to negotiate something as otherwise he will insist on signing me off.

My boss has refused point blank. I've spent the morning on the verge of tears. What should I do? I only want a couple of days to take a long weekend to chill.

I should also add that this ruling doesn't apply to the managers - often on a Monday or Friday there are none (out of for) in!

Four not for!

Honestly? Get signed off. Are you part of a union? I don’t have a great deal of experience but what I do know is that local authorities tend to have to do things by the book. Creating an environment that makes staff ill and then disciplining them for taking leave seems..short sighted and possibly discriminatory?

Speak to HR and tell them what your GP has said. Speak to your union - and if you’re not in a union, join one ASAP given the impending review.

Listen to your GP.

It sounds like a mess there, what about all the leave you're all entitled to and are being banned from taking? Could you take voluntary redundancy then look for something better?

Get signed off and look for another job sometimes it's just not worth the hassle

I am in a union. My depression is also stated as a disability under the Equalities Act.

Changing tracks a bit but when does your holiday year run from and to? Does everyone have a lot of leave left? If they do have they said how this will be accommodated in November and December? I'm just slightly doubtful (based on the wonderful character reference you have given them) as to whether it will actually be feasible for everyone to take annual leave.

It runs from April to March, but I agree it will be difficult to fit everyone's requirements in

Also, I don't really want to look for a new job now as I was possibly planning to take voluntary redundancy when the review happens - if I left now I'd miss out on a substantial payment. Mercenary maybe, but I'm being practical!

Sorry for the drip feed - I'm feeling a bit upset by all this!

Hi worried, the company I work for treats disability related illness differently to other illness in terms of managing for absence - do you know if there is similar set up in your company? It might take the pressure off if you decide to get signed off.

Either way, you don't have many options. You have made it clear to work you need the leave to maintain your health. They have refused. Therefore you are left with no choice but to get signed off as per your drs instructions.

Unfortunately they don't treat disability related illness differently - I was given a formal first warning for my time off sick in February and as a result I'm being closely monitored for a year. Any further sickness will mean a disciplinary.

So you need to look at what is "reasonable adjustment" for your disability- is it needing regular time off and not be doing additional hours? You need to explore this with the union/disability advisors.

Under a disciplinary what's the worst that could happen? Could they dismiss you? Or is it likely to be a warning?

I don't think it would be dismissal - they would be in breach of the Equalites Act, I think.

Ask for a disability health assessment or whatever they are called under occupational health, they can discuss "reasonable adjustment" with you and make recommendations

OP are you saying they are almost forcing you to do 7 day weeks? And denying you the opportunity (or at least making it extremely difficult) to take your statutory entitlement of annual leave during the annual leave year?

If so, they are breaking the law potentially on two counts, firstly if they are forcing you to work over 48 hours in any week, for an extended period, without you opting out of the Working Time Directive, that's an issue.

www.gov.uk/maximum-weekly-working-hours

If they are denying you the ability to take your leave entitlement, that's another issue.

www.gov.uk/holiday-entitlement-rights

They can't use the excuse they are short staffed, they need to ensure temporary cover is available.

What is your union doing to highlight these systematic issues to management and protect your employment rights, do they recognise there is a problem?

Surely they can't discipline you for disability-related illness? Please get advice OP, I think this is wrong but I am not an employment lawyer.