Sick leave coming to an end - how to move on?

[rockstuckhardplace]

Since 2021, I've had three periods of sick leave, each lasting a few months, for the same condition. During my second period of sick leave, my employer advertised my role externally and did not inform me of this. The closing date was during my sick leave but at a time when they knew I was returning shortly. On my return, they claimed that the advertised role was not the same as the role I was performing (despite identical job title and role description). They then advised me of some additional responsibilities covered by the advertised role that were not in the job advert, which made it a more senior position, but these were responsibilities that I already held. I raised a grievance, which was not upheld. I appealed, providing evidence to substantiate my case in the form of emails, extracts from my performance reviews and extracts from my scorecards. The appeal was rejected. This process (from my return to work to the rejection of the appeal) took about three months. During this time, nothing happened with the advertised role (that I was aware of).

A couple of months later, I unfortunately fell ill again, starting my third period of sick leave, which is ongoing. During this time, the externally advertised role was filled.

I was substantially recovered by Christmas, but I don't really have a job to return to and need to find new employment elsewhere. My GP also feels that it could be detrimental to my health to return to work for this employer and has therefore continued to sign me off for a little longer to give me some breathing space to sort this all out. I should add that my illness is not work-related and I don't need any adjustments in future to enable me to do my job, but I've been through a lot in the past few years, and the stress of the grievance process and effectively losing my job by stealth has been an additional burden I could have done without. I therefore don't want the stress of trying to return to this job. I also have decided that it's not worth bringing a case for constructive dismissal. I just want a clean break and to be able to start afresh and keep my career going.

So I've started job hunting, and I have a couple of interviews secured. I don't want to get too ahead of myself, but do feel that I need to plan for the eventuality of being offered a new role. Conversely I also need to know what I'm going to do if I don't get either of these positions. Ideally I want to move from one role to the other without creating a break in my employment history which I'd then have to explain.

I also have had a standard request to undergo an Occupational Health Assessment. I haven't actioned this yet.

I'd really appreciate any constructive advice on how to handle the situation to get the best possible outcome for me. As mentioned above, I just want a clean break, and I don't want to share my medical history any more as I've felt forced into oversharing with my current employer. I don't know what my employer's reference policy is, so I want them to agree to let me leave with just a basic reference (if that isn't their usual policy anyway) ie one that doesn't reference my periods of absence.

Also, if I don't secure a new role before my sick leave ends, should I resign or wait for them to take action (ie force them to take steps to dismiss me or come to some arrangement?)

Thanks for reading.

Hi OP,

Is the issue for you that they’ve hired someone more senior while you’ve been away and you weren’t expecting to go back to the role and have someone more senior working with you? And hence it feels like a demotion?

I’m not a workplace expert but I am a senior manager and I am not sure what they should have done? Thinking of all perspectives, the remaining team could have brought over work and burnout concerns to HR/management because you weren’t able to be there. So they had to take action (ie hire someone else) to do the work to avoid losing other staff.

Somewhere along the line perhaps they realised more senior skills were required and hired accordingly. Perhaps if you were able to be at work, that could have been you but circumstances didn’t pan out that way.

HR and your manager have to consider the wellbeing of all employees, not just you, as well as the overall best interests of the business. This might feel personal but I would argue that on face value, they don’t appear to have acted inappropriately towards you at all.

What are your work relationships like, with your colleagues and manager/s?

What do you think they should have done OP?

as if a job is needed, and the unless the wider team is big and / or overstaffed, it’s usual to need to find someone to do it if they current person can’t for an extended period.

in the way that most people of maternity leave have someone covering their role during their time off.

i work in a large team (120 total with specialisms within it) where increasingly they DONT recruit or second someone eg for a Mat leave cover role due to budget cuts. They work gets redistributed but it’s causing unhappiness as those in work have to carry more for no more pay.

Finding someone can do the role you do when well when you are unwell is on the face of it completely fine and just the employer meeting their business needs.

its then their responsibility to figure out what to do with you when you return, whether give you your old job, keep you there in a supplementary role, move you to something new or make you redundant.

and there will be legal guidelines on their responsibilities here, as there is with Mat leave returners.

have you looked those up?

id do that and see if I was in line for a payout if they decide to make me redundant, and then decide whether to wait for that or leave anyway.

i can see how if the atmosphere is bad sometimes its better to walk away rather than hang on for the money.

again there’ll be guidelines but I think your employer will have to disclose medical periods of absence if a new employer asks but not your diagnosis etc.

you diagnosis is your private business and not info your employer is entitled to disclose.

but your absence from work is their business and I would think they are maybe obligated to state that if asked? Again you should be able to check the legal requirements here.

with a new employer I think you’ll be better off presenting your own story the way you are happy to at the right time in the process (I had some time off due to illness but I’m much better now and looking forward to getting back to it, etc) rather than trying to hide it

To be fair with your sickness record your employer needs the extra cover, and in theory having the cover and less workload piled up should make it less stressful to return. You can't always have your cake and eat it.

Apologies if I have misunderstood but your job is still there though? You say you have no job to return to but I can't see a basis for that. It seems like you think due to this other person you cannot return to your role but you can unless I've missed something.

You have had several long periods off sick. It is unsurprising that your employer has put some contingency in place considering you say that you are in a niche role / sector.

If I were you I'd go back to work and keep your head down. I would not look for another role until you are fully recovered.

A job where you have sick pay the AND two years protection is not to be lightly discarded! Don’t risk it.

Have you considered going back feeling secure in the knowledge there are others in the team to share the load? That you can get back up to speed at your own pace, then look for similar jobs or jobs with more responsibility when you Can evidence you are fully recovered?

Of course there may be something special about this situation we’re all missing.

You are being so unfair to your employer.
they clearly need your work doing, you said yourself temps don’t work in your niche industry.
So your employer has effectively had to pay you plus another new person to actually get the job done reliably - they now have to wages bills for a one person job due to your repeated sick leave and yet you think they’re the problem??!!

I also wouldn’t take someone on without a reference, it’s usually the new employer who gets to ask what sort of reference they want, we send out a Google forms list of questions that includes sickness a sense.

Your old manager will have to give a reference but they aren't allow to say anything negative.

<KLAXON>

This bollocks again. They can say anything they like so long as it’s true. “Had regular long term sickness absence” would not be a lie.

I'm in a not dissimilar situation, minus the multiple sick leave.
I talked to a employment solicitor and said one option is to ask for a settlement from your current employer. She said any emails must have the words "without prejudice" at the top. you can ask for 3-6months pay and a good reference, which gives you a breathing space.

A simple fact has been forgotten here and the information the op has provided has been far from transparent. @rockstuckhardplace what is wrong with you, how much time have you had off in the last three years, has it all been covered by sick pay? I also imagine you have told your GP what you want pro-tem and they have agreed.

The simple fact is that the contract of employment provides money (the salary) in exchange for work. You, the op, have not been providing the work. I imagine you have generous sick pay and are public or quasi public sector.

You don't want to go back, and I doubt they particularly want you back. Your vexatious grievance burnt your boats fkr a happy future and you are undoubtedly considered to be a pain in the arse and high maintenance. You are certainly unreliable.

My advice would be to write to someone senior in HR, I timate that you intend to return on x, but wonder if it's the best course of action for both side and state it may be better to move on. Ask to leave under a settlement agreement. Reasonably, a month's salary (gross) and your notice period (net). An agreed reference will form part of it.

The relationship is irreparably fractured.

Alternatively go back to work, get your head down and get on with it whilst looking for a new job

They haven’t done anything wrong tho have they?
All they’ve done is cover the work that needs doing while holding your role open but they couldn’t rely on temps as you say nor could they wait indefinitely for you to return.
Who’s to say you might get sick again (obviously hopefully not) but now at least they’ve got it covered.
I think they’ve handled the situation as well as they could under the circumstances.

Your GP has done you no favours extending your sick leave.
Surely you have triggered absence management?
I think your employer has been very fair and you are being unrealistic and selfish. Who do you think should have covered all your absences at work?
A new employer will ask for your sickness record for the last two years.
You'd do better to go back now, get your head down and wait a whole year or two before jumping ship.

I would advise, firstly, to do everything in your power to stay well.
Prevention is better than cure and also you need to show resilience and continuity to your role as much as you can.

Of course the business has to cover you not being there and employ others when you are off sick. It can not go out of business - then you really would have no employer.

I would, secondly, go back to work. Smile and enjoy whatever role you are given. In a couple of years you might be still there or have found a new job. Do not resign. If you don't like your job, find a new one before quitting.

They have allowed three periods of several months over two years? How long have you been employed by this company? If it is a recurrent reason for absence might they be considering retirement for ill health? You should have had a back to work interview each time to put any adjustments in place such as a phased return and clarify your role and expectations. Can you honestly commit to never being off due to this again?

If you work in such a niche industry, surely you can see that they need someone who is going to be there regularly and not be off sick a lot. This is just a statement of fact. They haven't sacked you, they haven't even replaced you though it looks like there may be some sort of crossover of your roles with the new person.

They've asked for an Occ Health review which you haven't actioned.

I can't see that your employer has done much wrong if I'm honest. There are many roles that would have begun disciplinary proceedings long before now.

If you do choose to move to another job, and I think it's advisable not to, do not hide your sickness levels. If I was employing you, I'd be less concerned about your sickness and more concerned about you lying about it.

What's the illness? Apologies if you have already mentioned it. If not, It's an anonymous site so it's not outing to reveal it.

Yes I agree they can disclose it if honest.

Now if they want to get rid of you easily they won't disclose. They can refuse to answer any questions and just confirm you work there and dates.

If they feel spiteful that they supported you through several illness (and I assume paid you?) they will be as truthful as possible, even if not asked specifically about absence.

If they are still paying you same pay, even if you actually have less work (as 2 people doing sane role) then that's great! Easier to return as less stress! I'd just go back and get a year of work done without illness hopefully.

OP it might benefit to get some counselling on how you approach and think about what has happened. You are not responsible for being ill or the consequences for your employer or the team. They should all know this. I know it and most good managers and team members know it.

People get sick, people go on maternity leave or other types of leave. Work remains the same. Sometimes it increases. That’s a fact which you don’t have to take personally because it’s not your problem to solve. It’s your employer’s problem.

Your employer has identified the need to augment the team. To make it more resilient and future proof. There will be a place for you there. There will be a welcome return. I think you are catastrophing the situation and your are feeding an anxiety. This is making you defensive and hyper sensitive.

Put your energies into finding out about the new structure and how you will be supported on return and to do your job. Part of that will need input from you and part of it will be from them. The new person could be your strongest ally.

If an employer asks about sickness absence then that is lawful. If they ask about maternity leave that would not be lawful. You are advising the OP to risk their future employment by lying to an employer in asnwer to a perfectly lawful question. What you consdier dishonest, and what everyone else might consider dishonest, are not the same thing. If asked the question "How much sick leave have you taken in the last two years" (which is what my employer asks) and you say none when you have had several months, that is a LIE. A lie is dishonesty. Nobody has been talking generallyt about leaves of absence - it has been specific to sickness absence in all cases.

There are two separate issues here.

The first is your grievance/ perception of wrong-doing. Have you actually asked if you have a job to go back to? They are within their rights to hire someone to cover your work, and a responsible employer would consider whether maybe you had too much work so they may be doing you a favour by spreading it across the extra person. Either way, why aren’t you communicating? You’re worried you have no job to go back to - ask them what job you’re going back to. Personally, I agree with everyone else on this point and I think you’re being unfair.

The second is your sickness, and I diverge from some of the other posters here. If your sickness is self contained and not likely to reoccur then it won’t necessarily impact a new job. However, you need to be honest with yourself about this. You didn’t expect the third period of sickness, based on your OP. So could there be another? You would be in a difficult position then.

However, you do NOT have to declare your sickness UNLESS you are asked. It’s gross misconduct to lie on a form if directly asked, but you do not have to disclose otherwise. And you certainly do not have to disclose in interview like another person suggested - it is in fact illegal to ask about medical conditions at interview. Precisely because of the sheer number of people who won’t employ someone with any whiff of a medical condition. That’s why employers can only ask after someone has been made a job offer, and the purpose at that point is so they can consider whether they have to make reasonable adjustments. Posters are right in that frequently references will ask for how many days off sick BUT they don’t always, and many recognise how nuanced situations are. Most decent employers understand people are likely to have sick periods in their life, and that they are open to discussion around why.

As @Fernsfernsferns said, so many employers don’t provide cover for mat leave and long term sickness and simply expect others to limp through doing extra work.

A lot of this is driven by cost cuts but I wonder how much is also attributable to problems like OPs.

OP - you’ve had good advice on here to either go back to your current workplace if you’re well enough or write to them suggesting a separation if you’re not well enough or you simply don’t want to work there. I think you’ve been treated fairly to date but you need to tread carefully now to return successfully or leave on best terms possible (on both sides)

I think most posters here have confirmed that your employer has done nothing wrong in advertising your position during your extended leave of absences . I wish mine had done similar when a senior staff member was constantly being “ signed off” for anything leaving me doing two peoples work . If you don’t wish to return move on then but stop bagging them . Not sure what your line of work is but they have a team / business to run without adding further workload on staff during your extended absences .

As with PP’s, I don’t see the issue with what your workplace have done.

I also cannot see what your employer did wrong. What did you expect them to do in your absence? I know that being sick was unavoidable, but work demands don’t stop just because you’re not there.

What exactly was the basis of your grievance and on what grounds was it rejected?

OP, I'm an employer, small business, when my admin/finance officer went off on maternity I decided that the business was strong enough to support x2 people in this role, initially to cover maternity, but longer term to give resiliance in case of absence and to spread a growing workload.

I hired another admin/finance, now with the first one back I have 2, this works well, both have young children, if one has to call in sick it's no great stress as someone is in, and as the business has grown the last few years there is enough work to go round.

Your employer has done nothing wrong, in fact I'd argue that on the face of it they are being very accommodating - they will be well enough staffed to cope if you need additional time off and your workload will be spread out more when you return.

They are quite within their rights to have as many staff as they please, as yet they havn't shown signs of dong you any wrong.

With this in mind I really would stay put, as others have said, if you move you will have no protections.

Furthermore, as and when you do move, you really want to say to a new employer, look, I had several bouts of extended sickness, but I'm now fully well and have been back at work for x ammount of time.

Gosh you sound a nightmare!! If you did this at my company, I would simply not be able to afford it. It is ridiculous that you think you can have 9 months off work, and come back like you haven't inconvenienced everyone, all whilst putting in a grievance... You sound entitled and I hope your current company can come up with a way to move you on.