Sickness / Holidays

[RavenLG]

Just after a bit of advise please (sorry it's long but didn't want to drip feed).

Over the past 1.5 years in employement, I've had several periods of sickness (mental health related) which have caused 2 trigger points with my attendance. The latest I have been given a formal warning, which I accept is standard procedure. I have been told by management that my work is vital and if more triggers happened and offically they had to go down a more severe route, they would fight for me as I do good work. They are very good at putting things in place for me to either work from home if I'm having a bad day or giving me support etc, and my manager is very supportive, checking in on me etc.

Now, on Thursday I fractured my ankle (while at work, though not on site). I have a temporary cast on my leg and I can't put any weight on it and really struggling with the crutches (I'm overweight and it's fucking hard!). I have worked from home today and have an appointment on Monday to get a solid cast to be put on so hopefully once that's on and I can bear weight on it I can get back to work (office work).

The issue is my manager has suggested putting a holiday in for Monday so I don't trigger another sickness. I've looked at my contract and it states,

"However, because the university accepts that it is not always possible or practical to arrange medical and other similar appointments outside working hours, the employee’s manager may permit reasonable time off work for such appointments."

"Planned hospital stays / appointments
13.7 Where an employee is scheduled to undergo a necessary medical operation/procedure that will require a stay in hospital and period of convalescence, the day of the operation/procedure itself will qualify for paid time off at the employee’s normal basic rate of pay. They will not be expected to use their annual leave for this purpose."

Now I know it's not a planned stay / operation, but surely this is an exentuating circumstance and I shouldn't have to use AL to cover this. I understand why she has suggested this, and they have been very accomodating so I'm unsure wether to 'rock the boat' but I'd just like to some feedback as to what others would do.

I wouldn't use holiday. I would query whether a planned appointment should count towards an absence trigger - it wouldn't where I work, but I'm in a corporate environment so conventions probably differ.

I'd either accept it being counted as an absence (if that was in line with standard policy) or ask if I could have it as TOIL and work the time back.

Forgot to add, I hope you recover soon!

Thank you. Our TOIL policy is quite strict, in terms of the “extra time” must be approved first, then toil claimed.

It’s probably because I’ve asked for a whole day off but the appointment is at 1115am I know you’re often waiting for a while, no idea how long it would take then getting back to work, it wouldn’t be worth it.

Everywhere I’ve worked has given time off for the appointment, but if you’re not fit for work following the appointment that is recorded as sickness absence.

”surely this is an exentuating circumstance and I shouldn't have to use AL to cover this”

It doesn’t sound like she’s saying you do have to. If you don’t want to, say no!

We received a firm directive not to use holiday to disguise health-related absences - the reason being that the absence management policies are there to ensure colleagues get the support they need, which might be missed if absences were wrongly recorded.

I agree it's doubtful whether you'd get back in time for it to be worthwhile with an 11:15 appointment.

It's a shame your TOIL works the wrong way round to be of use.

I think I would take the time needed as a sickness absence. If it moves you along the stages of absence management, I think the nature of the absence (i.e. an appointment that will enable treatment to get you back into work) would be hard to criticise in any absence procedures that might follow.

I don't know how much leeway your line manager has, but I wouldn't move an absence case to the next stage for an appointment like that.

As the absence happened at work, albeit onsite, they should also have an obligation to support your treatment - in your manager's shoes I would be mindful of the possibility of an accident claim if the proper support wasn't facilitated.

Sorry, the last paragraph should say not on site.

I don't think 3.7 is relevant here - it is designed for situations where someone has an operation which will lead to them being off sick afterwards but aren't actually sick on the day of it.

It should be that you're covered by the bit about appointments in work time but to be honest I would think it a bit cheeky to ask for a whole day off. You might be done by noon!

But you don't have to use AL to cover it, do you?

Your boss is advising you to do so so that you don't trigger the sickness policy further! It's your choice what you do.