When you're signed off work....

guilliano

..... is it wrong for your boss to call and make you feel guilty about it, asking you to come in and help out in a limited capacity? Wouldn't this be saying you are fit to return even if you aren't?

Percy Vera

Tell him in no uncertain terms you are signed off sick by a doctor and if he contacts you again you will be seeking legal advice/talking to your union rep etc

guilliano

I've sent him an email explaining the situation, which is pasted below:

Re our earlier conversation

I am sorry I am unable to return to work to help out tomorrow. Having been hit by a car I am, as you can imagine, still quite tender. At the moment I am simply in too much discomfort to attend work in any capacity. Due to my injuries I suffer pain in my neck, lower back and right leg after any period of standing, sitting or lying down along with constant pain in my right shoulder and pain in my coccyx when seated. For now I remain on prescription painkillers and anti inflammatory pills along with retaining the use of a sling for my right arm to support my shoulder.

As things stand I am currently signed off work by my doctor until, and including, Monday 19th July when I will attend an appointment to review my situation. I would obviously like to return to work as soon as I am able, but feel that owing to the cause and unknown severity of my injuries I should leave the decision as to when this happens to my doctor. I will of course call you on Monday after seeing my doctor.

Yours sincerely

Don't have a union rep and as he is the owner of the company there's nobody to go to with grievances.

Splottboy

Erm, how about, your Boss and HIS BOSS, being outside your door, on a mobile ringing you, to find out why your sick?
Drs note sent in a few days previously.

( But now, theres the new Fit note, which has boxes the Dr ticks, to say, Unable to Work, Could return on Light Duties, facilities amemded for your dur=ties, amended attendance times etc.)

We have ATOS, who may recommend Light Duties after a phone conversation, and do a written report, which you get a copy of.

YOU DO NOT HAVE TO RETURN, but, you could do some work at home to show willing.
NOT recommended tho.

Your Union can advise you, or the Citizens advice etc. Try the DSS/DHSS or Dept of Work and Pensions as they are now known by.

Monty Dog

Sounds like it's a small business and unlikely to have the resources to hire temps etc. so it's not an unreasonable request. In your discussions with your doctor, you could discuss the art of the possible - e.g. limited hours / graduated return to work as the meds kick in and your condition improves.

guilliano

That's the plan Monty, but I have no idea how long it will take for my shoulder to recover and I'm certain that when I go back I will almost certainly be expected to be taking bikes off racks to show customers. When I broke and dislocated a finger a couple of years ago I explained what had happened and my first job was to build 7 new show bikes!

It is a small business and I do sympathise with my boss, but the conversation was along the lines of "Why won't you help out? Well I'll just have to cope won't I"

The previous conversation (the day after my crash) was almost as if I'd planned to get hit by a car and that I was deliberately inconveniencing the shop. There was no concern for the employee, just the business.

Splottboy

Bad shoulder? You were playing at Wimbledon a few weeks ago, lol!

Seriously, get them to review your Drs note.

Your DOCTOR is the medical expert, not them.

If you go back, and get re-injured, take em to court or a Claim/Blame case.

Treat it as a "Negligence of the Health and Safety at Work Act".

Hey, worked for me, just got nearly 2 Grand.

guilliano

I don't want money, I want to be healthy and go back to work ASAP

wiffachip

i think under the old sick note you were either able to work or not, no middle ground

with the new system, the fit note, i think it caters for being able to do some, if not all of your duties, or maybe go in part time

or summat like that

i haven't had my annual sick leave for the last few years, been saving it up

Splottboy

Same here, but was almost forced to take action, to defend my colleagues from the management taking the pee.
They put me into a potentially dangerous/deadly position, where serious and life threatening injuries could have happened.
As it happens, I was able to defend myself, and limit the dogs attack. ( Royal Mail postie, P/T)

Union very supportive, as was Medical profession.

Employers not so much.

Now, employers better, but still recovering from additional injuries nearly CAUSED by their proven negligence.

CrackFox

Splottboy wrote:

Now, employers better, but still recovering from additional injuries nearly CAUSED by their proven negligence.

Nearly caused?

glauciaregina9

I may be wrong, but...

If you're officially signed off from work, your employers inurance doesn't cover you if you go to work.

If going back to work makes your condition worse, or causes you suffer another illness/injury, then your employer is liable, unless you've signed some kind of agreement.

Crapaud

NHS: What are fit notes? Also contains general advice and links to sick pay rights.

ACAS Helpline are also worth a call; thay know their onions.

Splottboy

"Nearly Caused": Ok, badly worded, but I had taken two Tramadol last night!
The dog attack Caused the injuries...
Their sending me to an address with a KNOWN dangerous dog was THEIR fault...

So "nearly caused"..EG: I was "nearly" dead at the end of that climb!!!"
Ain't English Wunderfulllll....

Note: You CAN go back to work on Light Duties, BUT, this seems like an admission to employers that you are fine, and they will pile more and more work on you.
I know, it's happened to me and other colleagues.

You are not "swinging the lead" ( I took NO TIME OFF after my dog attack injury.
Yes, I know, I'm a bloody hero...NOT!)
But, by not resting/recovering, still suffering nearly 2 yrs later.

Kona_and_cake

glauciaregina9 wrote:

I may be wrong, but...

If you're officially signed off from work, your employers inurance doesn't cover you if you go to work.

If going back to work makes your condition worse, or causes you suffer another illness/injury, then your employer is liable, unless you've signed some kind of agreement.

You are right in what you have just said, if your signed off your not allowed on the premises, as if anything should happen to you your not covered. Likewise the empolyer should do a return to work interview to check if you are fully fit to return to your normal duties, even if your stuck behind a desk all day.

I had a hernia repair op earlier this year and was signed off for 3 weeks by the hospital and got my certificate extended another week as there was no way I could have done a train journey to and from work and be sat at a desk for 8 hours. My manager bleated that she was really busy etc etc, but I said it was not possible for me to do a commute and do a normal working day. You don't win any medals after all.

Frank the tank

If the doctor has signed you off work that's it. You're UNFIT for work. DO NOT GO IN.

I'm sure as a long serving employee he knows you're not swinging the lead and your illness is genuine. Even if he dosen't, tough tit on him, you're ill.

Pretre

I was off work for 2 months but went in one lunchtime to say hello in the middle of the time off & was told, in very clear terms, when I said I would do it again a week or so later, not to do so - if you are unable to work per the Fit Note then you cannot even set foot on the premises.

rake

i was once on a two week sick note initially which was extended to four weeks in total after a doctors review but didnt know when i phoned in. upon my return i discovered that a work collegue had coincidently also had two weeks off sick starting on my original expected return date, ending up two people down at the same time returning on the same day. that really put the cat amongst the pigeons and left a heap of work to do amongst much bad feelings as if id somehow planned it. i know my injury was pretty clear cut and not some kind of ailment.