Dilemma about long term sick/possible sabbatical public sector

[longtermsickdilemma]

Namechanged for this for obvious reasons...

I'd really appreciate some help in thinking this through. I've had long covid for year now, I was off for eight months and started a phased return 7 weeks or so ago. Unfortunately my energy levels have crashed again and my GP has advised that I take more time off.

My workplace have put a lot of pressure on me, saying that I am beyond their guidelines for sick leave now and I am worried that they will start to manage me out. I don't have any paid leave left.

My union rep suggested that I take a sabbatical instead, which would take the pressure off hugely. I really like this idea, but I suspect there are elements I haven't thought of.

So far:

• I don't think I'd be able to claim ESA (which is around £400 per month)
• I wouldn't accrue any more sick leave or holiday
• I am not sure if work would allow me to do another phased return after a sabbatical - I suspect not
• I might not actually be well enough to work full time in another years time

What else would you take into account? Obviously my employer may not go for it, but would appreciate anyone's thoughts.

Your union rep may have suggested it, but isn't the starting point whether or not your employer will agree to it? I say that because I am in the public sector as well, and it would never be agreed anywhere that I know of - that doesn't mean some places won't agree, but it needs to be the first consideration.

Looking at this from the employers point of view, they can agree pretty much anything that they want, but they will need to consider a range of things too. You have a job, and presumably a job that they need doing, and which they haven't had done / have had to get temporary cover for a long period of time - will they want this to continue for another year, can it continue and what happens if you can't return at some point? And what precedent does it create if they start allowing people to have inderterminate unpaid sick leave (which is what you would be doing), because it won't all be about your situation, but about the overall policy and way that things are handled.

Has your union rep looked into potential retirement on ill-health grounds? You may not meet the threshold, but it is worth considering as it would give you an income and, if you were to recover sufficeintly to return to paid employment, the pension would cease when you returned but still be available / accrue up to normal retirement.

But I do think the biggest drawback in the suggestion he has made is income - unless you can definitely survive for a year, then you would not qualify for means tested benefits (you might qualify for PIP, but that can be a struggle to get) because you have chosen to take an unpaid period.

As I said, it does depend on the employer, but most places I know would be moving to capability processes once paid sick leave is coming to an end. And in terms of income that may be your best option.

I think I would rather look in to going part time than having no income coming in. I don't know anything about ESA, but being on sabbatical would mean you are still employed so surely would mean no benefit entitlement?

Can you not get contribution based ESA?

Long COVID sounds tough

In the end when I had glandular fever I just quit my job (they weren't treating me well anyway)... A couple of years of rest then very part time work and I was raring to go again and since then have juggled very full time work and children.

I don't know how easy an option that is, or even if it will work for long covid, but I can see why the sabbatical or similar might just help

I have a team member going through IHR for similar. Assuming you've been in the pension scheme for at least two years it can be an option

I work in public sector and think a career break in these circumstances will be unlikely. It’s not just you in isolation they will be thinking of, it will be if the business can continue to sustain another year of absence and if it’s feasible to arrange cover. They might allow you to take a longer period of sick leave though, even if it’s unpaid for you. Have you had any occupational health assessments?

Could you discuss ill health retirement with Occupational Health and HR?

I think if they are planning on heading down the route of dismissal for capability (as it sounds like they are), they may be less likely to agree to a sabbatical as it may just be delaying the inevitable.

Alternatively, is some more time off sick and then redeployment to a less stressful/active role on part time hours an option?

Hi thanks all. Yes I agree, my first thought was that they'd be unlikely to say yes. I will ask about IHR, but I doubt that I will meet the eligibility criteria and I have only been there for two years though, so income would be minimal unfortunately.

I've had a couple of OH assessments, the first advised that I wasn't well enough to return to work and the second that I would be okay with adjustments but that in her, obviously not legally binding opinion, they need to take care to treat me as if I have a disability.

I think more time off then try to work part time somewhere less stressful is the only realistic option. My manager has raised both these as possibilities with me. It's just whether I can get well enough to do this within whatever time frame they set. LC is very stress sensitive and my fear is that dealing with all this will impact my recovery😟

Do you know how much your pension would be with IHR?

IHR takes ages to sort out and if your pension accrued is tiny, there’s probably no point going through the hassle if it isn’t enough to live off.

@LegendsBeyond it would be tiny and I don't think I'd meet the criteria. I will get better, just not clear when

@longtermsickdilemma The reality is your employer has to do what is right for them and it is reasonable for them to follow their absence procedures which can see your employment terminated. They are public sector so should do it properly.

What you need to do is think practically, realistically what can you do and what can’t you do. For example can you work 3 days MWF so only 1 day then a break? Can you work 2 hours take an hours break and then another 2 hours so 4 hours a day? Can you commute to work or will you need to WFH to manage your energy levels? What tasks can you do (without being too stressful) - go through your job description and be honest. I know this will be tough but you have to be realistic about what you can and cannot do to have discussions with your employer.

I am not surprised OH said you meet the disability criteria in the Equality Act. This doesn’t mean you can’t be dismissed but does mean they need to consider options. A career break is one of those options.

LC is new and clearly there is a lot to learn about recovery, and what works best. No one can accurately predict what the long term holds (sorry op). A career break may make sense to keep a job for you whilst taking the pressure off both you and your employer. It may also be possible to do a phased return as your GP can provide a fit note to this effect.

I am not a benefit expert so talk to JobCentre, I think if your GP gives you fit notes you may be able to claim benefits even though you are on a career break.

12 months of not having to worry about work will take the pressure off, allowing you to recover at your own pace, being free to do rehab etc. and will hopefully see your health improve sufficiently to return to work.

I cannot see what would stop you claiming Cont based ESA, now called New Style ESA, while on an unpaid career break or sabbatical. You'd need a fit note, or rather notes, to cover absence for at least 13 weeks. You'll also need to go through a Work Capability Assessment during that 13 weeks. Get help/advice for completing the ESA50 form etc.

If I've missed something please tell me but I cannot see any 'just cause or impediment' to your claiming. ESA is not payable with Stat Sick Pay but I assume you've exhausted that. It's also eroded if you get a pension but the taper is sufficiently generous for folks to get less than the full rate but enough to be worth having.

Depending on your household circs, capital etc you could be eligible for Universal Credit as well. The Help to Claim service on 0800 144 8 444 is a good start point for eligibility and what you might get as well as the actual claim process.

It isn't easy to get IHR - but "accrual" wouldn't be an issue in most schemes I have comes across, as they "make up" payments. But you have nothing to lose by asking - they can only say that you don't qualify. The problem is that "long Covid" is a relatively unknown factor in terms of long term recovery, but I do know someone who got IHR for post-viral syndrome which is pretty much the same thing.

@longtermsickdilemma i appreciate you may not want to give personal details but roughly how old are you. The reason for asking is IHR can be very difficult to get if you have a long time until normal retirement age.

@Tippingadvice I'm 50. But with only two years paid in I can't imagine they'll be keen!

@longtermsickdilemma I have to agree with you. One of the questions they are likely to consider is what is your long term prognosis and sadly with LC at most there is 2-3 years of data. You can apply and the worst they can say is no.

If I was your HR I would offer a career break and that is what your TU are suggesting.

@Bromptotoo clearly knows more about benefits than I do, so you may be able to get contribution based benefits.

In my public sector pension there are 3 tiers. 2 of the tiers pay what you’ve accrued already with one also paying 1/3 of the difference between now & the amount you’d get at pension age. The third tier pays the whole pension you would have at 67 but this is very rare and your condition has to be permanent.

Ours is different. That's why it's worth asking the question. To be honest I doubt the OP would be eligible, but there nothing to lose because the most likely alternative outcome would be dismissal.