Working with long COVID - employer not able to meet need.

[LaraV]

Public sector, full time contract, long serving. COVID contracted at work.

The medical note from my GP requests amended hours and workload. GP believes that doing some work is better than stopping altogether, better for MH and makes for an easier return. I also want to work.

HR say that policy cannot meet this requirement.
I can either be fully absent, or if I accept an amended timetable, each absence will be counted separately and within two weeks I would hit the attendance management policy of '3 absences in a six month period' with concerns raised about my attendance.

ACAS and Unison guidance urges employers to recognise that long COVID can require flexibility ( fine one day, time to rest another) but my employer is saying that all recognition in attendance management has been removed from April 1st.

I've asked to see Occupational Health with regards to a phased return. This has also been turned down as I have already returned to work. No 'return to work meeting' took place. I also didn't know at that point that my COVID symptoms were going to continue.

I can request flexible working and reduced pay, though this has been turned down for a colleague by management as not serving the needs of the service. This colleague is absent.

HR have offered that I use my annual leave.

I really don't want to be fully absent.

Do I have any options or rights?

Will there be any recognition of the nature of long COVID by employers?

if I accept an amended timetable, each absence will be counted separately and within two weeks I would hit the attendance management policy of '3 absences in a six month period' with concerns raised about my attendance.

Have they offered an amended timetable? If so, that may be a way of getting an appointment with OH.

I can see their point about not being able to do a phased return to work after you've already returned. So it's more a case of identifying what has changed since your return.

It is possible for an employer to disregard the advice of the GP on the fit note, it is harder to justify if they are a very large employer as they will be considered to have more scope to adjust. However, if by 'timetable' you mean contact time then it may be harder to cover (I'm wondering if there is any possibility of you and the other employee who is off at the moment doing a kind of job share in the meantime) so they may be able to justify that.

Is the workload evenly spread over all the days, or are there some days which have more work timetabled than others (and might therefore be harder to cover)?

Thanks for your response.

Line management had agreed an amended timetable with me to prioritise days where I am with clients, worked out to be three days per week. HR have said this can't work because of the attendance triggers.

No there isn't any chance of a job share with colleague. This person has already had the flexible working application refused and has been absent for 6 weeks.

We don't have capacity ( job adverts in place) to cover the workload as a team. My workload would either not get done or be waiting for me to complete.

HR have also suggested that I take time out now (none working days) but make this up with longer days and weekend work in the future This seems rather contradictory to trying to recover and adds to the pressure.
The nature of the work is that there is not set work time, so it would be hard to justify what the 'extra' hours are. ( contract states ' as many hours as the service requires).

Is it the working pattern that is the issue or that you need the reduced hours to be paid in full? If the latter it is not unusual to use leave to offset unpaid days. Is there a phased return/absence policy?

I don't know enough about the legalities here, but it's very shortsighted of them to take this approach, especially as your team is short staffed.

Are you in a union? If not it would be worth contacting ACAS.

@LIZS

Is it the working pattern that is the issue or that you need the reduced hours to be paid in full? If the latter it is not unusual to use leave to offset unpaid days. Is there a phased return/absence policy?

I just want the chance to get well and wanted to follow my GP's advice. I was surprised that work would/can ignore medical advice on a fit note.

The working pattern is difficult I admit, not really a pattern at all, just a series of diary entries to suit clients.

The long hours are not helping but don't think I need to be fully absent either. Working would give some routine and focus. Some days I'm well, others quite poorly. ACAS guidance was for employees to recognise this and support accordingly. HR are saying this no longer counts as COVID guidance has all expired.

My worry about requesting flexible hours is that that isn't a HR decision or medical decision but like any other request for part time can be turned down due to the needs of the job. Nothing to do with my needs.

Frustrated! Looks like I'm going to be absent.....

But they are not ignoring it if allowing you to use leave between worked shifts instead of absence.

@LIZS

But they are not ignoring it if allowing you to use leave between worked shifts instead of absence.

Yes, fair enough. They haven't agreed to leave and my contract doesn't allow holidays in term time but that is something to,possibly explore further.

I suppose again I was thinking of my long term health, part time now using leave but once I return to full time, having no leave is also going to impact. No decent break to recuperate.

Lots to think about and a return to the doctor. GP is going to request OH.

What would happen if you did trigger the attendance management policy? Would that be disciplinary/steps to move you out? Or could that actually lead to them putting something in place that would support you?

Would/could you accept reduced pay with reduced hours? In a secure/unionised/public sector role, I'd be tempted to let them go down the attendance policy route and potentially put in a flexible work request. Disappointingly sounds as though they are following a set of rules blindly rather than considering the situation on its merits and whether you doing some work is better than no work.

If I trigger the attendance management policy then there is an impact on future increments and progression. So no pay rise and of course on my work record.

Eventually, I could also be deemed unfit to work, but equally that would be the same if I was absent 'fully'.

Feel aggrieved that I have been put in this position by choices line management made. Not all services were put at the same risk. Anyway, that isn't relevant in sorting this out. Just a sense that I'd hoped I'd be more supported.

I have some sympathy for employers with this. It's very difficult to cover someone who comes in part tome, fully absent is easier to manage.
I realise this doesn't suit you however .

Yes, I get that too Crazy. I have also lead teams. I know it is difficult.

In my case, we work on a one to one with our clients but do not work with them every day. I may see three or four clients per week.
Being absent fully would mean they would have to build relationships with someone else - or due to staff shortages, not at all!

I suppose posting on here I was hoping for some advice in employment terms regarding the employer having to abide by GP advice.
Seems I'm more likely it is easier to be long term absent....

There was talk at some point about long covid being classified as a disability and so falling under the Equality Act, which would make it more difficult for employers to refuse to make reasonable adjustments.

Might be worth looking that up.