I have recently been diagnosed with Leukemia and am awaiting a treatment plan.
I work in a secondary school and have been told I will get 4 months pay to have my treatment.
I'm worried about what happens should my treatment take longer than this? Will I instantly be sacked due to incompetentcy?
What are my rights?
Hello Angel82
Thank you for your question. My name is Polly, and I am a work support adviser on the Macmillan support line.
I am sorry to read about your diagnosis and I hope the following information is reassuring.
It is good to hear that the employer is paying four months full pay. It is worth checking whether your pay drops to half after this or will you receive Statutory Sick Pay?
If you have over two years’ service with your employer and you are employed under a contract, then you have full employment rights. This means that the contract does not end when the sick pay ends. The employer is required to follow a fair process to end your employment which includes an investigation and formal meetings.
It is not necessary to assume that the employer will implement this process because it is likely that they will want to support you as you go through this difficult time in your life.
Even if you have under 2 years’ service, the majority of employers will not dismiss you if the sick pay award ends. This is because you are also protected from disability discrimination if you are a cancer patient. This protection can be found in the Equality Act 2010 or the Disability Discrimination Act 1995 if you live in Northern Ireland.
Please see: Work and Cancer
I suggest you ask for a copy of the sickness absence policy. This document will lay down the rules of the workplace in relation to sick leave. It is usual practise for the employee to provide fit notes throughout their sick leave and to attend informal meetings on a regular basis usually agreed with your manager. Please be reassured that sickness absence for a cancer diagnosis cannot be regarded as a disciplinary matter in work. In fact, the employer has additional obligations and responsibilities to you. Please also remember that you will have been advised not to work by the medical team in the hospital or your consultant and it is important to follow this advice.
If you are concerned about how the sick leave is regarded, please have a look at the ACAS Website .
When you are well enough to go back to work your health team will need to provide a fit note that confirms your well enough which you present to your employer who can then arrange occupational health input to plan your return to work.
If you have money worries, please reach out to our welfare teams and our financial guides on the Macmillan support line. We also offer emotional support and advice about medical issues.
Polly
