Can my contract be terminated because I am off sick again???

[Twinkie1]

Right I work 3 days a week for a bank - have been there for a year as had 3 years off when I had DS and they rang me and asked me to go back just over a year ago.

Since Christmas - DS had had tonsilitus - so I had a week off, DD then had stomach bug and I worked from home but it wasn't something my boss was ultra happy with, I then had an operation and had 6 weeks off and now I have damaged my back and am wondering whether I should struggle into work just so I won't be sacked!

I really don't want to be sacked as redundancies are on the cards but I think my boss is getting rather pissed off with me not being there.

I obviously have doctors note for after I had the operation and if I don;t go in next week will get another one but can they just get rid of me for being such a flakey sick person?

No they can't sack you for being off sick. Well, not without jumping through lots of hoops anyway.

If you've damaged your back and are signed off sick they should not allow you to work even if you turn up. If you do further damage because you are at work when you should have been at home they could be in a bit of trouble.

What your boss should do if they are concerned is get you to see someone from Occupational Health, to chat about your health/prognosis/how your job could be adjusted to help you back to work and all that. They can't just sack you. If you continue to be off for ages and ages, and it becomes clear you are not just going to be able to fulfil your duties and there's nothing anyone can do, they can then terminate your contract for what's called 'capability' reasons. But that's not something you need to worry about any time soon.

Has anything been mentioned about seeing Occupational Health?

It's difficult for your boss as I am sure you can imagine, and understandable for him to be getting a bit fed up, although he shouldn't be showing it! If you can see OccHealth it might benefit both of you, get a bit more of a solid prognosis and plan for return to work so you all know where you are.

No I haven't ben asked to see occupational health as haven't been back - only realised back was so bad during the early hours of Monday morning when it went into spasm and I had to have the paramedics here and everything so I haven't been back yet.

I just know my boss and a few other people think I am pulling a fast one to try and force redundancy when I am sooo not - I have been straight and asked for it and this is just coincidence - I feel so old and deflated at the moment and worry that they will be able to just get rid of me when I have no control over the situation.

Thanks though flowery you have put my mind at rest for the short term - just hope I am ok to go into work on Monday now!

Eventually they could, but would have to go through an incapacity disciplinary procedure. Do you have a copy of your staff handbook or similiar? It sounds like you've actually only been off sick once so far (albeit for 6 weeks) so if you have to be off again I wouldn't have thought you would be anywhere near the firing line!

Were you paid when you were off with children? You are legally allowed some emergency parental leave (unpaid) but not sure of details.

It is tough, I work 3 days a week too and try to make up any time I miss with children on other days if I can get childcare...my job is fairly flexible like that though.

Also, I appreciate that having a boss that is pissed off with you does make for a stressful working environment whether or not they can actually take any action. No answer to that though I'm afraid!

Just about the redundancies - unless your employer has a very beneficial scheme, you wouldn't be entitled to anything other than your notice pay at this stage if you were made redundant. You don't get statutory redundancy pay until you've got 2 years' service.

I normally work from home when the kids are sick (so am paid) - can cover most of my job but it is 'noted' that I am not there - my direct superior has no problem with it it is my big boss who has the issues!

I think I only had to put down 12 days off when I had the op though as I did try and work the first few weeks.

Maybe I am just worrying myself into a corner!