Sick query

[Itchyteeth73]

Would anyone be able to answer me this plse? I've been off sick for 6 wks was told I couldn't have phased return due to how many hrs a day I work & it would be pointless. However I went back today & don't feel well do I need to self cert or provided another sick note to carry on from my previous one? Thanks in advance.

I think If you have returned to work it would be self cert followed by another sick note . Be careful though some employers will have a three strikes policy with sickness.

I guess you could ring doctors today and back date a new sick note so there's no break and go home before the end of the day they might allow a continuation.

I think you need a sick note as that will link the two periods together, especially if it is the same illness.

How many hours a day do you work? When returning get a fit note from your GP stating you should gave a phased return ... no more than x hours per day for x days/weeks.

6 weeks, that's a very long illness. The fact they won't allow a staged return to work makes me wonder if there has been a long term attendance issue? Or was it a one off bad illness?
Just asking as employers are normally keen to engage with staff unless other underlying problems

You need a sick note as the two periods are linked. I assume you only work part-time and that is why they cannot do a phased return?

Is this 2nd illness the same as the first one you were off for 6 weeks for?

I'm classed as disabled due to having emphaseyma I only work 1 1/4hr a day. I felt pressure to go back in

I have emphysema which they are aware of I only work 1 1/4hrs so that's why no phased return nothing underlying

Sorry but I agree with them. If you only work an hour and a quarter per day a phased return is simply not feasible. If you are not fit to work then you must get another sick note. Be aware that if your working hours are that little, and you aren't fit to do them within a reasonable time, they may decide to dismiss on capability grounds.

I agree with your employer, if you can't work 75 minutes then you're clearly not fit to work.

What do you do? It does sound too short a period to be practical.

I've managed a few people doing a phased return after 4-8 weeks off sick. It does vary depending on the recommendation from the GP but most have had a pattern of starting back in week one doing 3.5 hour days (half a day) on two or three days.
Week two half a day every day
Week three some full days, the rest half days.
Week four almost all full days, maybe a half day mid-week.
Week five back to full time.

I don't see how that works if you only work 75 mins a day. Did your GP suggest a phased return pattern?

I was off 8 months (2023/2024) for a hysterectomy and cancer.

I work 35 hours a week and my phased return was recommended by OH and the employer implemented it.

75 mins a day? I'm thinking if you can't do that, you are unlikely fit for work?

How would a phased return on that working pattern work?

Being disabled doesn’t mean they cannot get rid of you on capability grounds. If you need another sick note you will have to request one but if you can’t work 75 minutes a day it suggests you shouldn’t be working?

So if you have a phased return, what does that look like to you?

A phased return has to be operationally possible. It sounds as though you aren't fit for work. I am very sorry.

At my work going off sick again, even for the same thing would be counted as a new absence

What did you expect your phased return to look like. It sounds like your employers are being very accommodating if you only work 75 mins a day

When you say you don't feel well, do you mean not well enough for the 75 mins?

@Kinneddar Then your work is "wrong". If counting eligibility for SSP (although the OP probably doesn't qualify for it) then two or more periods of sickness that are 8 weeks or less apart and last at least 4 days count as a single period for the SSP calculation, which is important because they cannot deduct the three (unpaid) waiting days twice.

If what you mean by "counting" is for the purposes of sickness absence monitoring, at one level they can do as they like, but what you suggest they do would be questionable if it came to a claim for, for example, disability discrimination. The majority of sickness absence processes (a) have a "number of occasions" criteria as well as a "number of days" and (b) have different criteria for long term absence vis-a-vis short term absences. To count what are clearly two linked periods of sickness - same cause and an employee who doesn't survive a single shift - as two absences instead of one could mean that they would be disadvantaged as it being counted as two absences instead of one (long-term) absence. So the way they are counting sickness is not allowed under SSP; and would generally be a very risky process in other circumstances.