Expected to arrange cover on sick leave

[ilikefastcars]

My DH injured himself at work, when lifting/emptying a bin, he ripped a tendon.

He now needs surgery, and cannot drive for 6 weeks. He also has to rest arm for 3 weeks minimum.

He works alternate Sundays, and takes a day in lieu for this during the week.

His work now expect him to swap weekends or work despite-being signed off. This cannot be legal surely?

Due to the nature of the injury it has to be repaired quite quickly so we cannot negotiate dates, and he is due to work the day after the operation!

Advice needed please!!

I always thought you're not insured to be in work if you have a sick note saying you're not fit to work?

That's really shit of them.

He's signed off sick, so he's basically not allowed to work.

No, he has been signed off work due to a work placed accident. They need to be reminded of that. Your DH does not have to do what they tell him, if i were him I would ring ACAS and H&S Exec at the local council. His works are taking the piss.

If you are signed off you are not legally allowed to work, fact. With an injury like that I wouldn't want employees to come back without a phased return (I'm in HR), that's poor form from his company
X

Thanks, his manager is shit!
I'm almost at the point of going in and pointing out the law! Wanted to make sure I'm correct before reading them the riot act! 😂

”If you are signed off you are not legally allowed to work, fact.”

Completely incorrect I’m afraid. You are certainly legally allowed to work when signed off sick. In these circumstances I would strongly advise that he doesn’t, certainly his employer can’t make him, and it would be very foolish of them to allow him to as it would expose them to a potential personal injury claim.

But there’s no law saying someone isn’t “allowed” to work while signed off.

It's for insurance reasons, you'd be going against medical advice so if something happened the company wouldn't be insured. So yes correct that there isn't a law as such but the company would be in breach of many legal policies.
Regardless, poor poor form from them! X

If you are signed off you are not legally allowed to work, fact.

I don't agree. Having a Fitnote signed by a GP is a legally binding document, it gives the employee protection against an unscrupulous employer forcing them to work. It's now Fit note because the government gave GPs decision-making/advisory powers to recommend phase return/ "light duties" so the employee is covered by the note but advised by their GP to (for example) restrict to desk duties and no lifting. It would be a foolish employer to force the employee to go back to heavy duties and cause further injury, if the GP recommends otherwise.

However there is nothing legally stopping the employee from deviating from the Fit Note date by electing to return to work sooner, their choice. That's why Return to Work meetings are so important, because it sets on record, if relevant, if the employee has elected to return early because they are feeling better.

OP in your DHs situation, he is fully protected in law for the whole duration of the Fitnote. What is not acceptable is him being given an ultimatum that if he can't find cover that he must work. No, that is not how it works.

I would not advise you go in all guns a-blazing. If you must speak to your DHs employer, I would deal with HR if possible and calming explain that your DHs injury is covered by his Fitnote until x date and that means even if cover is not available he cannot present for work due to the injury. You may want to add that the injury was done at work so "presumably it's all on record in their Accident book anyway" (hint hint). You aren't there to police them, but it just shows you've marked their card in term of them knowing you know it was a workplace injury!

Thanks all. Currently sitting on my hands working out how to approach this.

Thinking I need a reason to be passing by and just casually mention the legal obligations to dh manager!

There’s no need for you to “approach” it at all. DH just needs to notify his manager that he is not prepared to swap his shifts or come in whilst signed off sick. If they attempt to discipline him in some way that would not be reasonable and he should appeal it.

Although expecting it isn’t reasonable, there’s nothing wrong with them asking if he wants to swap shifts so he doesn’t miss any work- many people would prefer that, assuming being off sick means they lose pay. But he just needs to say no.

It is likely that if they did allow him to work and his condition gets worse as a result, that their insurance would not pay out in the event of a personal injury claim. But that isn’t in any way a legal restriction, that’s a commercial decision for them.

And certainly don’t you go down there, good grief!

Flowery I certainly wasn't planning on kicking off, but as dh hasn't even told them he cannot lift things for 3 mths and must rest/not use arm for 3 weeks I'm wondering if this is why they expect him back in 1 day after general anaesthetic!
More if I had an excuse to pop in to see dh dropping something into conversation with his manger!
Am waiting for now to see if Dh will actually pass on all the relevant info, not just the fact he needs an op!

If manager is difficult to deal with I suggest following everything up in writing, through email or post. “Just to confirm I told you.... and we agreed ....”

Surely he can deal with it himself. All he has to say is I’m not fit for work flex amount of time.
If they have anything else to say - put it in writing.

Ok well earlier you were talking about telling them the law and reading the riot act.

As you now say your DH hasn't even told them, then doing so would be even more inappropriate than it would have been anyway. If his manager hasn't got all the information it's far less surprising they are talking about swapping shifts/coming in.

Your DH needs to deal with it himself.

You have a DH problem, not a DH's employer problem. He needs to tell them the full story. Can not understand why you are annoyed at the employer when your DH has not informed them of the facts.

as dh hasn't even told them he cannot lift things for 3 mths and must rest/not use arm for 3 weeks I'm wondering if this is why they expect him back in 1 day after general anaesthetic!

That's quite a drip-feed OP!

He is an adult and he definitely needs to communicate with them.

If what you were saying he was incapacitated with pain, surgery impending etc etc, then no harm in supporting him, but he does need to take ownership. I can understand his health situation may be causing you extra anxiety, I'm a worry guts myself, but don't micromanage this situation, it could make things worse.

Sorry didn't mean to drop Feed!

Will take a massive step back & get dh to pull his big boy pants up 😂