Signed off sick

[OopsNoHoliday]

I have injured my legs and the doctor gave me a Fit Note that signs me off work for four weeks. Clearly I cannot drive and my office is not accessible at all, so there’s no way I can get to office but 99% of my job can be done wfh. It’s an office job and there is literally no one who can cover my work. I kept on top of the basics whilst in hospital and I think my employer would agree that I should work if I can.

The problem is I’m on strong pain meds and keep falling asleep and I need breaks every hour for physio.

It is also a 15 min round trip to the toilet as it’s slow getting there on my zimmer.

I could ask HR if I can continue doing my job with adjustments and flexibility - would that be ok?

I’m a GP, OP. As long as your sick note doesn’t specifically say that the doctor must review you again before you return to work there is nothing to stop you going back to work before it expires if you feel up to it and your boss/HR agree.

I would often do a “may be fit for work” note rather than a full “sick note” in this sort of situation recommending adaptations eg working from home, regular breaks for physio/toilet breaks and maybe reduced hours and/or workload temporarily if the painkillers are making you tired etc. But if you are able to agree on these with your employer without the need for a may be fit note that’s fine and the sick note does not stop you going back to work or make it illegal to work etc. It’s actually not legally binding it’s advisory only, but most employers will abide by our recommendations as it could be hard to defend later on if there are problems.

Having said that I don’t know what your job is and what duties it involves, what your hours are like etc, and exactly what injury you’ve had. Eg if you’re an HGV driver then clearly falling asleep on painkillers with legs that don’t work properly isn’t going to be ok in terms of safety at work! So it really depends on your exact situation. I will say that if it’s taking that long to get to the loo on a zimmer frame and you’re constantly falling asleep and needing hourly physio, you might find it very hard going at the moment to be doing anything like your normal duties in all honesty. But if you have an understanding boss who is genuinely willing to make the necessary accommodations needed for you to be able to do your job competently and safely and you feel up to that then go for it. Just don’t be a martyr if it would be a significant struggle right now as others have said, remember “there are graveyards filled with indispensable men and women”! And you should absolutely think about protecting yourself and your professional reputation from eg mistakes made due to being drowsy or distracted by pain etc. It’s a very individual situation.

A Fit note covers this. I doubt your drugs make you unsafe to work...you just need naps and that's a reasonable adjustment. If you want to work go ahead. (Unless you're a surgeon or operating machinery...)

I'm NHS and we'd have you back in a blink!

If you cannot perform your role to 100% of your ability, then you remain off sick. If you’re back working, even remotely, that is you saying you’re able to perform your tasks as usual - providing the following adjustments are made.

From what you’ve described, that isn’t the case. Given you’re on such strong dose painkillers, you’re likely to make mistakes which could damage your reputation.

To be completely frank, you might have a lot on, but you’re just a payroll ID. I’ve seen ‘valuable people’ (very senior too) drop dead unexpectedly and be replaced seamlessly. Your company can cope without you, they’re choosing not to make those arrangements and to make this your problem. Your problem is your injuries and your recovery should be your sole focus.

I once broke my leg badly and had a sick note for 8 weeks but felt capable of some work despite the pain meds.

In many ways the work was a blessing as it was a far better distraction than the tv or books. However, if you are the only one who can do your job I would worry that you will be sucked into doing too much so you don't keep your leg up and do your physio.

If you think work will accept your limits and be grateful for what you can do then I would work as it may help preserve your sanity and ease the transition back to work.

At the end of the process everyone was happy in my case as it was icy outside and I was plastered to the top of my thigh and therefore a captive worker.

I would also use this time to think how you can put a system in place so things can tick over in case you need full cover in future.

In terms of the legalities, my employers did not want me on the premises as they did not want me to risk further falls because they said they would not have been insured if I was there but with a full sick note but they were very happy for me to do my job from home.

If your firm is worried about practicalities they could always visit to make sure you have the right chair etc. Mine was pretty chilled as long provided any further falls took place at home.

I work for an exam board and actually had covid during a critical time. I tried to work through it because it was essential work but made so many errors I was asked to step back! It wasn't a career ending thing, but it did have a massive effect on my work. Yet I thought I was OK to carry on.

Bad decision!

If your doctor has said you’re not fit to work, your HR dept probably won’t want you to work. I had a team member in a similiar situation - mentally well enough to work but had a physical injury and couldn’t get into the office. Our HR dept said no and the team member took it as paid sick leave.

Honestly, if your job is so critical and no one else can do it, your employer should have put a back up plan in place. Sounds like you need to rest, recover and let your employer figure out what to do.

Who covers your role when you are in leave?

I'm not sure if HR will allow you to work if you have been signed off sick. You need to focus on your recovery.

Fit notes are advisory only meaning they can be ignored.

Company can agree for you to work but they'd have to carry out a risk assessment to satisfy their insurance.

Because your home would be your workplace, and youre on strong meds that are affecting you, unfortunately I wouldnt agree to this in case you had an accident while wfh.

Hi op
I can only tell you that my current company wouldn’t let you do that as if you work while signed off we have insurance problems. We generate material that falls under IP and most contracts specify people working on the account need to be fit for work which you are not.
If there was a mistake and say we needed to claim off insurance we wouldn’t be able to if you were signed off sick and working. It could costs us millions.

I am off sick at the moment with back issues. Never done it in 5 years but I had a week as hols then 2 weeks. I tried to log on but rapidly realised that I was not competent to do the work whilst taking strong painkillers.

You need to follow your doctor's advice.

The body needs rest/sleep to recover and strong pain meds impair your abilities.

If there is no one else to cover your duties that is on the employer, not you.