Hello!
Welcome to the second instalment of Emma and Polly’s blog, ‘Cancer’s not fair but your boss has to be’. We wanted to say thank you for all of your comments on our first post, it’s great to see that you’re finding our blog helpful. We thought we’d cover a few topics and issues that were most commonly talked about in the comments from our first blog. Today, we’ll be talking about time off work.
On the Work Support Team here at Macmillan, we talk to many people about their worries about taking time off work due to sick leave.
Many worry about:
Many employers have a sickness and absence policy. We would always suggest that you check if your company has one. These policies guide employer and employees about what needs to be done when someone is off sick. They lay down what to expect so that everyone is treated fairly and consistently. If the employer doesn’t have a policy like this, then you can refer them to ACAS Guidance.
Everyone who is given a cancer diagnosis and makes their employer aware of this is under the Equality Act 2010 (or Disability Discrimination Act 1995 Northern Ireland). Protection is lifelong and it doesn’t matter at what stage you are at with treatment. If you are absent due to your disability, your employer must avoid discriminating against you.
Dismissing you solely because you have cancer could be classed as discrimination. If you feel able to work with some changes, then you can ask your employer to make reasonable adjustments for your disability. Reasonable adjustments are any changes at work which will help you overcome difficulties you are facing because of your cancer. They are different from other types of changes as the duty is on the employer to help you rather than to look solely at business needs. This may include keeping your job open, helping with rehabilitation by allowing you to have a phased return or working from home, or making changes to your role. Many employers may need to look at the sickness and absence triggers and make reasonable adjustments for disability related sick leave. You might wish to direct your employer to our booklet Managing Cancer In The Workplace to help them understand your rights. To not make reasonable adjustments is classed as disability discrimination. Our booklet Your Rights At Work When Affected By Cancer goes into more detail about disability discrimination and reasonable adjustments. If your employer indicates they are looking to dismiss you, then please do contact the Work Support Team for advice.
Sometimes people find that they are contacted either too often or not enough by their manager. For some it can be positive to keep in regular contact from work, as your manager can update you about changes in the work place and find out how you are doing. If you are finding that the frequency of contact or calls from your manager is causing you stress, you can come to an agreement with your manager about how often they keep in touch (you find Finding the Words helpful). This could also be classed as a reasonable adjustment. If you are worried about this, then please do contact the Work Support Team on the Support Line. We’ll be happy to support you and offer advice around this.
For some, a referral to Occupational Health can be positive. Occupational Health should be an independent source of medical advice for your employer. They may make recommendations of reasonable adjustments that may benefit you. Your employer should ask for your written permission to write to your health professional and/or to refer you to Occupational Health under the Access to Medical Reports Act 1998. You can also ask to see a copy of the report before it is released to your employer. You can refuse to allow permission if you choose to, however please speak to us on the Work Support Team and we will help you understand your rights in this situation.
It is worth checking your contract because some employers may allow time off for appointments. Whether paid or unpaid is at the employer's discretion. If your employer will not pay for time off for appointments there is no legal right to force them to do so unless it’s written into your contract. You could ask them if you can use your annual leave, make the time up later or you could take them as unpaid leave. We would recommend asking your employer to make a reasonable adjustment allowing you to take time off for any cancer related appointments. Failure to make reasonable adjustments could be classed as disability discrimination.
A top tip would be throughout your communication with your employer keep notes of what you pass onto them. Keep copies of any sick notes, emails or letters you send. Make notes of any phone conversations you have, when you have them and what was discussed. In the event of any future issues they will come in really handy.
And remember, call us in the Work Support Team on 0808 808 00 00 (Monday to Friday 9am to 5pm to speak to a specialist adviser) 
