Working whilst signed off now need to be off work

[Myles2016]

Hi all,

I started my new job a few months back and have been signed off sick but have continued working as didn't want to look "bad" in my new job.

Unfortunately my health has deteriorated badly and due to my manager putting more work my way I physically can't do it any longer.

Background history is I have a disability so had to change jobs last year to one more suitable to my disability, I'm supposed to work part time hours from home, but for the past 2 months or so I've been expected to do more and more hours than contracted, which is having a knock on affect to my disability resulting in me having to up my medication to cope with the pain I'm in. I've been signed off work, but haven't submitted these to my employer as worried they'll dismiss me, but I physically and now mentally can't cope.
If I was now to submit my sick note and take some time off, would that be instant dismissal?
My employer knows about my disability as I made them aware as to why I was looking for a new job after been where I had been previously for almost 10 years, and I have also expressed the issues I've been having recently with pain management and upping medication, drs, hospital and physio appointments, so that part will not come as a shock to them, but ultimately I'm worried that they will sack me under the heading that I'm unsuitable for the position, even though I was doing everything perfectly fine up until they started expecting me to do 35 + hours worth of work on a 24 hrs contract.

I don't want to be on sick, but my body is giving up and I have my child to consider in all of this as I changed jobs and massively reduced our income so that I would be able to be more present and not spend my time working and then crippled in bed unable to move, which is what is happening again due to the pressure and extra workload been put upon me.

Any advice greatly appreciated.

TIA

Is this job right for you Op?

how long have you been signed off sick?

Could you go to the GP, tell them the truth and ask for a new sick note dated Monday?

Putting aside your disability, why are you completing significantly more hours than you are contracted for. Have you said no at any point? I think you need to look up and practice professional ways of saying no and that you don’t have time to your manager.

mrs manager, i already have x to complete by x. I only have x remaining hours this week, which activities would you like me to prioritise?

Your disability is kind of irrelevant - it’s just that the consequences of not saying no are more severe for you.

I don’t think that you are going to solve your problems by going off sick.

You seem to have a big problem implementing boundaries.

Why are you accepting all this extra work?

Have they given you any reason to think that they would treat you this way?

Are they actually asking you to work more hours, or is your manager giving you more work because you seem to be easily getting through the amount of work they’re giving you and they assume you’re sticking to your agreed hours? Everyone works at different speeds and so I have some teams members who need a certain amount of work to keep them busy on part time hours and some team members who need a higher amount of work on the same hours otherwise they’re telling me they’re bored and twiddling their thumbs. I think when WFH it’s very much on you to set that boundary and stop when your contracted hours are up so your manager can tell how much work they need to give you based on what is/isn’t getting done.

Morning all,

Thanks for your comments. In answer to some of your questions.

Yes I have told them I am struggling with the amount of work they are expecting me to complete in the contracted hours.The response to this is it's down to me to ensure it is done and my contract states duties can and will change upon the needs of the company.

They are aware that I am doing more than my contracted hours as we have to add time to each job we do, and a total is displayed per day and at the end of the week.

I don't like not been busy, but I also don't like been so busy that errors can be made due to rushing tasks, and in all fairness a lot of the tasks delegated to me take longer in it been sent my way and me actioning then updating than if it was done by my manager. For instance, looking up information on the database, it takes more time to write the message, me read the message, then collate the information and write another message back with the answer than if she did it herself. I've been management before and I would never ask someone to do something that would ultimately take longer to do than if I did it myself.

They have also said since I brought up the workload and my contracted hours that they have more they need me to do and I need to show them I am capable - which I veiw as a threat to my employment there.

I've always worked hard at any job ive had, hence why I've always stayed with employers for many years, but this role is ridiculous and seems that since I highlighted the issues instead of helping they are wanting me to fail.

I demoted myself, found a lesser paid job and lesser hours as I wanted to reduce my pain and reliance on medication, less responsibility, and less stress. Yet I'm laying here in so much pain crying thinking what the hell have I done as I can't continue like this.

My latest sicknote was issued at the beginning of this month, I'm on longterm sick and have been told by my Dr that my disability will not improve and that was one of the reasons why I changed jobs so I could work around it but still use my brain and show my LB that you don't give up just because life gets tough!

Have you been technically signed off sick for the entire time you’ve worked there?

Good question - I am similarly confused as to why you would get yourself signed off sick and continue to work. If you are going to work, then why get a fit note?

OP - you have contracted hours and no matter what they say you are entitled to only work those hours. The reason, at least right now, that you are working longer hours is because you told them you can't and then did longer hours! You need to gop back and be clear that you can only work XX hours due to your disability and which pieces of work do they want prioritising in those hours. What doesn't get done by you is their problem.

Quite seperately I am concerned that you are working whilst signed off sick. Whilst a fit note is advisory and you do not have to apply it, you also have a legal duty to protect your own health, and you are not doing so. You know that what you are doing is damaging your health and persist in doing it and the employer does not know that. You are undermining your own position and potentially sidelining your own legal protections. You may have told the employer, but you persist in both doing what they want you to do and not challenging them back. You need to be informing the employer in writing that you cannot continue to work excess hours and that this is having a detrimental impacty on your disability. You need to describe the problems you are having and why you need to work only your contractual hours. And if you have a fit note then you either tell them you are not fit to work, fit to work with adjustments, or drop the fit note - you shouldn't be both in work and off sick!!!

This makes no sense op.

If you've been working, you've not been signed off sick.

You might have been initially - but the second you returned to work you were no longer 'signed off sick'.

There's a lot about it that isn't sensible, but from what I can gather the OP did not tell the employer that they have a sick note (and it's not clear how long they have had one - possibly the entire time that the OP has worked for them). Whilst you are technically correct, if the OP has been advised not to work then that has legal ramifications for them and the employer - and the employer doesn't know that. Some places I have worked you could only return to the workplace when the sick note has expired, or with a doctors "fir to work" note if not.

You’ve been working whilst signed off sick. And now you’re even sicker.

You’re probably underperforming at work - because you’re supposedly too sick to work.

This is all on you.

I think you need to come clean to your employer about the whole thing.

But bringing it up with them once it’s piled on is too late and makes you look incompetent.

mrs manager, I have x, x and x to complete by x. Which would you like me to prioritise. Then you do what you can and go home. You make sure you outline in writing at the time it is allocated to you that it’s too much.

That said, if you are working way behind your colleagues then maybe look at that too. For example if full time Fiona gets 20 items done a week, but you’re doing less than 10, I would expect them to say something.

Long term sick is t going to fix the work problem of you not saying no in the right way.