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Sick leave denied

Midnightfish
Posted by

Hi ..looking for advice, 

I am an hca at my local hospital, 2 hours from my London hospital.

I had childhood leukaemia  and have appointments in london.

I also have multiple brain tumours  and have appointments in London. 

I also have seizures..also appointments in London. 

Usually i am able to arrange appointments on my days off, recently one was moved to a work day due to a bank holiday. The sister in charge gave me a choice of annual leave of making up the time.   I took annual leave as have many appointments on other days, and need to rest inbetween due to chronic fatigue.

I have been sent 2 appointments that i am unable to rearrange both on work days. The 2nd is for gamma knife surgery.

The sister is insisting yet again that i make up the time as i dont have any anual leave left.

The sister is in full knowledge that i went to h.r after the 1st insident and had it put in writting that i am to be given time off for cancer appointments.

Can you advise? 

Sian R - Macmillan
Posted by

Hi ,

Thank you for your query. I am sorry to hear about the concerns that you have with how time off is taken to attend medical appointments.

Your employer must allow you the time off to attend hospital appointments. However, there is no absolute right for this time off to be paid unless your contract of employment specifically states this. If the contract and policies do not state that this time is paid employees can be asked to take this time as annual leave or to make the time back.

As mentioned previously, your employer has a duty to make reasonable adjustments for a disabled employee under the Equality Act 2010 or the Disability Discrimination Act 1995 if you are in Northern Ireland.

You mention that you need to have time to rest in between appointments and work due to chronic fatigue. In light of this it may be advisable to request, as a reasonable adjustment, that time off for appointments is unpaid or you could ask if it would be possible to borrow annual leave from next year’s allowance. These options may alleviate the impact of having to work the hours back. 

It sounds as though you try, wherever possible, to organise your appointments to minimise the impact to your work. It also appears that you already tell your employer as far in advance as possible when you need time off thus making it easier if they need someone to cover your work.

It may be advisable to approach your manager or HR department and request a copy of the sickness policy. This may explain whether different types of leave are paid or unpaid and what you are entitled to.

Should you find that the time to attend medical appointments is not given, it would be advisable to seek further advice. You can either contact us on the Work Support team as we can talk you through the next steps or if you are a member of a union it would be advisable to speak to your union representative.  

I hope you find this information helpful to your situation if you need further support please do not hesitate to contact us.

Sian
Work Support Adviser
Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email.
Midnightfish
Posted by

Hi Sian 

Thank you for your reply.  I saw occupational health some months ago when i was force to take annal leave. The letter from occ health says that i would benefit from being given time off to see doctors and have procedures as a reasonable adjustment.  I have spoken with h.r. today who will speak with Sister on my behalf. Though she was meant to repond today , she hasnt rung. 

I work for the nhs. 

Midnightfish 

Sian R - Macmillan
Posted by

Hi ,

Thanks for the clarification. If you feel that you need any further support based on the response from your Sister and HR, do not hesitate to come back to us. 

Sian
Work Support Adviser
Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email.