My employer is questioning my length of sick leave

Put this question into the Awake thread. Groggis extremely knowledgeable about your rights but I believe you can take whatever time you need without your employment being effected. Also Macmillan will have experts on this if you telephone their helpline.

I don't know where she gets two weeks recovery from after op. Most surgeons say six weeks. And as for other treatment.......well the lady who worked throughout was the exception not general. Everyone reacts differently. Your manager needs to be made aware of this.The side effects from cancer treatment can be both mentally and physically debilitating and most posters on this site will have experienced some of this.

I hope things are easier for you today but don't be afraid to take time out to recover properly if you need to. It is your right.....

Take care and I wish you a successful recovery.

Love Karen 

Hey Karen, thank you so much for your lovely reply. I will do as you suggested and pop my post onto Awake. 
take care of you xx

Hi, I wrote a long reply but it’s disappeared!

your manager is wrong about a number of things; firstly about recovery following an op. I had a GP who was experienced in anaesthetics, I mentioned that I was very wobbly even a week after an op years ago, he explained it took three weeks for the drugs used in a GA to fully leave your system. I remembered that as I’ve since had similar reactions to GA’s. 

Everyone is different (thank goodness!) and so everyone’s reaction to a diagnosis and subsequent treatment is also different. In my opinion, the person who worked through treatment was a real exception, there may well have been personal reasons for that, too. 

The person who should assess, with you, when you are ready for work again, should be your doctor, and they are generally far better at knowing your whole situation than your manager. 

Hugs xxx

Hi Dawn70, sorry you’re going through this at work. It’s wrong, wrong, wrong! It’s not your line manager’s place to question the time taken for recovery. She’s not a medic. It’s also unbelievably unprofessional for her to make any reference to other people in the workplace. 
My situation: thought I’d have 2 weeks off after wide local excision and sentinel node biopsy. I’d read that 2 weeks was usual somewhere when googling, maybe she’s read that too. It’s nonsense and I think refers to a ‘simple’ lumpectomy like I had many years ago to remove a benign fibroadenoma, tiny wound, was actually back to work after a week. This time though, much longer incision and no way was I ready to go back to special needs teaching after 2 weeks! In fact I was off for 4 months in total! This took me through radiotherapy and 4 weeks after, as advised by the consultant radiologist. My job was very mentally and physically demanding, and thankfully the school was totally supportive and encouraged me to take as long as I needed. And btw my discussions were with HR, not my line manager. She was simply kept informed of the situation. But again I was lucky as she was kind and supportive. 

It’s true that some folks here have worked throughout treatment but we’re all different, and huge variety in nature of jobs. Even physically, the wounds vary hugely according to size, depth and location of tumours. And of course mentally, again we’re all different. I couldn’t have faced the type of decisions and juggling that my job involved (very vulnerable students) any sooner. 
Please do get some advice: HR within your workplace, your union if you have one, Macmillan work advisors. You’re covered by disability legislation as you’ve had a cancer diagnosis. 
Hope you get this resolved, it’s so unfair. None of us chose to get cancer!! Love and hugs, HFxx 

If you work for the NHS you are entitled to 6 months of full pay for sick leave and then it goes to half and further down over the year. Clearly you had a sick line. Therefore your Gp assessed you and deemed you not fit to work. Your manager has no right to question you or your illness or compare your recovery to others. You can self refer to occupational health. I would do this asap. If you don’t feel fit to be back they can send you back off sick and bring you back on a phased return when you’re ready. I would also contact staff services and get some counselling arranged through them. I am a manager in the nhs and I’m appalled that you have had to go through this. Also if her concern is that great again she should refer you to occupational health. To address the manager I would put in writing or email your concerns as you want to have a copy of them but I would seek advice before you do. Maybe from your union? 
I hope this helps. I’m sorry your manager doesn’t have the empathy she should. My managers (8a and 8b) have been nothing but supportive and I have been extremely lucky that they are telling me not to rush back and they have things covered. 
If I can help please let me know,

Helen

Hi I've replied on Awake thread but I'll post here too for others to see,

Dawn70. I take it you are employed by a local authority?  If so this is good as aside from depending on length of service you get upto 6 months full and 6 months 1/2 pay.  Are you in union?  If so make contact.  If you are not request a meeting with HR.  Your manager needs reminding as a cancer patient you are protected for life by the disability discrimination act.  She cannot treat you like this. She is not a medical professional and has no right to question your doctors Fit notes.  I'd also query her comparing & disclosing a colleague's sickness history to you.    You should also be offered a phased return to work so you build up stamina plus an employer has to make reasonable adjustments to accommodate your disability.  This can be reduced working hours, change of role, change of location etc.  

So your action plan:

1. contact union.  I would  even join if not in one though they might refuse to help you with pre existing situation, I'm sure they would still advise you and attend meetings with you.
2. Contact HR immediately.  Explain your situation and that your manager is querying your sick notes, recovery etc.and comparing you to a colleagues sick record.  Remind them you are covered for life by DDA.  You can do this via email so there is a record.  
3. If your manager contacts you tell her straight you feel she's questioning your health and GP Fit notes and feel stressed and harassed by her, that you find her behaviour unprofessional etc, and that you will be speaking to HR. Again do this via email so there's a record.   You can refuse to return to her team to be line managed by her WHEN you return.  Social workers in desperate short supply so they will want to keep you.
4. You can request to deal with a senior manager or HR only as you feel harassed by your line manager.  

She cannot force you back to work,  You and your medical doctor decide if you are well enough.  Doctors fully understand the mental impact of a cancer diagnosis.  I worked local authority and I had DCIS treated by surgery (lumpectomy) and radiotherapy.  My GP actually rung me after they had diagnosis letter to offer support and a sick paper for 2 months if I wanted as it's a big deal.  I actually stayed off for 5 months, returning a month after radiotherapy ended on a phased return.   I kept in touch with my manager by email.  I offered my phone number but he was happy with just the occasional email and me dictating my return though I did challenge when he tried to write off my annual leave that had accrued while off.    Told me I could only c/f 5 days not the 21 I had due.  Yes holiday entitlement continues when off long term sick.  This is a legal right but law limits it to minimum legal leave entitlement but local authorities tend to allow full employee leave entitlement.  

Going forward if you go off sick in current job or apply for a new job and tick disabled box (I would) if you go sick years down the line due to cancer eg.  At year 3 I took a week ff when I had biopsy on good breast as I was stressed, it does not count toward the employers sickness breaches.  So if they allow say 20 days a year sick without warming you they don't count if related to your disability.  

Macmillan also has an employment help line too but remember you have every right to be off work due to physical and mental impact of cancer.  

Hi I echo all of the above.  I am a social worker and BASW are very helpful in supporting members if you join their union.  HR should also be aware of the managers poor support along with their manager.  Such discrimination is not acceptable. Good luck

Hello. It sounds like your manager has a complete lack of empathy. Cancer is classed as a disability under the Equality Act and your employer needs to make resonable adjustments for you when you return to work. It might be worth having a chat with your Union as they may be able to give you support and advice. I really hope things work out for you  l have worked in social work for just over 30 years and know that it is a highly pressured job. So really important you are supported to back when you are ready.

Hi, so sorry you are experiencing this. Grogg's advice is spot on. I'd just add that in any meetings you have, with your manager or HR, you can ask to have a colleague (or union rep) with you and sometimes that's a help if you're feeling emotional.  It also means you have someone with you to take some notes if any discussion. If I were you I would be asking for a meeting with HR as the first step. I'd also talk to your GP and see if they think you'd benefit from some more time off, or a more phased return to work.  I hope you can get the support you need. Best wishes 

I’d also echo the advice above. I’m employed by a local authority and I was off for 6 months WLE, RT but had covid in the middle which delayed things. I found my union rep very helpful in advising me of my rights, took my accrued leave at the end of my paid sick leave. Your manager should not be questioning you like that and definitely not discussing a colleague’s treatment. 

keep safe

R