Going on Holiday While on Sick Absence

[twiddles1335]

Can anyone give me some advice. I am currently employed as a Police Officer. My Probation period is 2 years. In May 09 I was diagnosed with having a Deep Vein Thrombosis and was off work for 11 weeks through this. At week 5 I asked Occupational Health if I could return to work on light duties (due to the fact that I was on Warfarin tablets and the nature of the job) and was advised not to until my blood was stabilised. I eventually returned to work on light duties for 3 weeks before I was on sick leave again in Aug 09, due to having a hysterectomy. This was linked to the DVT and employer knew that I would need this surgery. My first illness was mitigated after a review by a panel of 4 non medical staff, where I had to justify my sick absence.

For the hysterectomy, my Dr gave me a 12 week line, which brings me to 5th Nov and I was advised not to be doing any driving or housework for at least 6 weeks. On 11th Sept, OHW asked me to attend them on 15th Sept. My husband then told me that he had booked a week long holiday for us both as a surprise and I would be unable to attend the appointment. I phoned OHW to tell them this and they advised me to inform HR. I did this and asked the girl if there would be a problem with me going away while on Sick Absence.The girl I spoke to was unsure of my query and told me she would speak to her line manager. She returned my call on 14th Sept, by which stage I had left for the holiday.

I attended an OHW appointment in early Oct and told the nurse that I had a relaxing holiday (I was not even able to swim while I was away) She reported back to HR who are now making an issue of the fact that I was on holiday while on sick leave. My Sgt phoned me to confirm that I was away, and advised me that I should also have told him about my holiday plans. I did not know this at the time.

No one knew about the holiday except for OHW and HR, until HR told my Sgt. Since he phoned me, a colleague then told me that my Sgt had also discussed my sick absence and the fact I had went on holiday, with him, who is the same rank as myself. I am livid that he has done this and feel it is a complete breach of trust and confidentiality on my Sgt's part. I can't even go to my Federation Rep for advice, as my Sgt is the Rep for my Station!!

I am also completely stressed about the prospect of being disciplined for this. As OHW are always saying at my reviews that it is different for a Probationer being on Sick Leave than for an Officer through his probation. I constantly feel I am being threatened for being ill.

I do plan to return to work when my sick line has ran out. My Dr told me that 12 weeks was a minimum absence for a hysterectomy and on both occasions of absence I am keen to return to work as soon as I can (I will be returning to light duties until at least March due to the weight of my kit belt in relation to the position of my scar)

When I went away on holiday, there was no chance of me being physically capable of carrying out any form of work (even light duties) Sorry for the long letter. Any advice on this matter would be appreciated

[dx100uk]

pers , i would not be worried about the holiday issue at all, as for the police fed rep, go to the regional officer if you feel the nned. this might also be the place to raise your concerns over the private info issue too.

 

good luck

 

get well soon.

 

dx

[chesham]

If you can ask your doctor to put into writing that the holiday was beneficial for your recovery, then this might help you greatly - who would argue that you should not have followed medical advice?

 

It's not lying and it's not trying to dig. I was signed off once and had the same problem with the holiday and my doctor wrote me a letter saying that it would improve my health and overall wellbeing - which stumped anyone who tried to argue against.

 

Sorry to hear about your health problems though, hope you feel better soon

 

P.s. as for your Sgt talking about your issue to another colleague, I would speak to both HR Manager and his Inspector and make it clear that you are not impressed about the breach of confidentiality and that it is hindering your recuperation.

[scousegeezer]

Twiddles,

Sorry, to hear of your health problems. Best wishes for a speedy recovery.

 

As for your sickness record, that may not have been a problem ; until you went on holiday. Part of your code of conduct is that you dont go on holiday unless you have permission. You apply for leave and dont go unless you have been authorised. It is the same when you are on sick leave. Even if it is best for your health. You have to get a letter from your DR who would have to state that it would aide your recovery and be beneficial to your general health. Sorry to be the bearer of sad tidings - but as you are still in your probation ; when you combine you sick record and your "disciplinary" offence of going on leave without permission- I would not be surprised if they took this to capability. I would do as Dx says and go to see your Force Cons. rep - right away. My opinion is given as a retired Police Officer. If you want a second opinion - pm TD27 - hes still serving.

Cheers - Scousegeezer

[twiddles1335]

Thanks for the advice folks. It's helped ease my worries. I've had a headache about this for a week now, so hopefully I'll get a letter from my Doctor and HR will get off my back.

Just as a matter of interest, does anyone think I'm over-reacting on the issue of my Sergeant telling another Constable my business? Am I thinking about it too much, or would anyone else think of this as a breach of confidentiality?

 

Update! Just read what you said Scousegeezer.... arghhhhhhhhhhhh :eek:

Will see what my Doctor says first, then will panic LOL

Edited October 26, 2009 by twiddles1335
additional info

[Uncertain]

I don't know if being a police officer takes away any of the normal employment rights ( I have a feeling it does in some way). These comments assume the same rules apply to you as any other employee.

 

Normally there is no hard and fast requirement so sit at home and not go out when off sick. There have been employment tribunal judgements confirming this. Obviously some activities can give the impression you are well enough to be at work! However, in your case you are recovering from a major operation under medical supervision. I'm sure your doctor would confirm that going on a relaxing holiday was in your best interest. If your sick certificate covers the whole period you were away it would seem petty indeed to claim that you have not been through the formality of applying for leave as you could not legally be asked to work anyway.

 

I would also check in detail the terms of reference of your occupational health department and any consent form you signed when your first saw them. The are supposed to be medical professional who have a duty to act in the best interest of the patient and have strict confidentiallity rules. Their job should be to advise management how your medical condition affects your ability to work and nothing more.

 

In a normal work situation I would make a formal complaint about your Sergeant's breach of confidence.

 

My professional association provides legal advice to it's members via a telephone service run by the First Assist group. At one point the Police Federation were one of their clients. I found them excellent on employment matters. Presumably, even if this has changed, you have free advice available by some route?