unpaid leave for diabetes appointments.

[Sidewinder]

Diabetes most certainly is covered by the DDA, this has been tested and agreed and your friend cannot be subjected to any detriment in the workplace due to the condition. The issue of paid time off is a tricky one though as I don't think there is any requirement on the employer to pay for time off unless paid time off is part of the company's sickness policy. The DDA says that employees should not suffer a detriment over other employees, and employers should make a reasonable adjustment to accommodate specific needs of a disability. Therefore if non-disabled employees are permitted paid time off for a medical appointment then the disabled employee cannot be penalised for his condition requiring a greater number of such appointments. Similarly a reasonable adjustment should allow the employee paid time off for diagnosis or unavoidable work-time appointments, but the employee should also, as far as possible arrange routine appointments outside of working hours, or at the end of shifts so as to minimise the need to take time away. The key word in all this is 'reasonable'. Most large employers would separate 'disability leave' from 'sick leave' so that the employee is not disadvantaged. Is the fact that unpaid leave results in a financial detriment? Certainly, but is it also 'unreasonable' for the employer to have to pay the employee for all time off? The DDA does not, as far as I am aware, make provision for unlimited paid time off, merely for a 'reasonable adjustment' on the part of the employer.

 

It would certainly be unreasonable for your friend to be penalised for self-administered blood glucose tests, or to make him work outside of his normal shift after an essential medical appointment, but, it might also be 'reasonable' to expect a certain amount of time to be made up if the number of appointments were frequent and having a detrimental effect on the operation of the business. The answer, I guess may lie in the Royal Mail sickness policy and in making a reasonable adjustment to permit a disabled worker to enjoy the same treatment as is available to other staff.

 

It does though seem that your friend is being 'punished' in terms of the treatment he has received, which could also amount to harassment on the grounds of a disability. He needs to pursue the Union, ACAS may also be useful, and consider raising a grievance to get this on a formal platform. Please keep us up to date.

 

I have a personal interest in this, being a recently diagnosed diabetic myself, so I can appreciate how many appointments are required whilst things are stabilised. My employer however has never raised an eyebrow at my need to keep visiting the doctor, but then I am salaried so it is accepted that the time that I work more than makes up for the odd hour off anyway.

 

The Royal Mail's own guidance on the DDA (see particularly under 'reasonable adjustments' and allowing time off for appointments and assessments) HERE

 

Good case law regarding diabetes and the DDA HERE

 

Employment Guidance from Diabetes UK HERE

[Sidewinder]

My mum had to take holiday for appointments relating to osteoporosis this was for 5 weeks therapy last year. Should her appointments fall within the DDA. And can she reclaim her holiday leave.

 

A disability defined by the DDA is a physical or medical impairment that has a substantial and long term impairment on the ability to carry out normal day to day activities. Osteoporosis would almost certainly be considered a disability for the purposes of the Act, as it is a condition likely to last more than 12 months and would have a restrictive effect on activity, particularly without timely and ongoing treatment.

 

Under the DDA the employer should make reasonable changes to the employee's working conditions, workstation or treatment to cater for the disability, and this would include being granted time off for medical appointments without punishment or unfavourable treatment. The employer would though have to have prior knowledge of the condition. Was the nature of the condition discussed with the employer prior to the appointments becoming necessary?

 

Your mum should not have been forced to take holiday, as this placed her under a disadvantage compared with others free to book holiday for enjoyment rather than neccessity. The DDA and the issue of 'reasonable adjustments' is unclear on the subject of paid time off, but it would have been reasonable to allow a certain amount of time as paid, and at least being given the option of unpaid time off for the other appointments. This also must not have been recorded as 'sickness'. Where it is normal to allow staff paid time off for medical appointments, it would be considered discriminatory to penalise your mum for having to have more appointments than 'the norm' for the workforce.

 

She should certainly raise a grievance on the grounds that she was forced to take holiday for medical appointments and that this would appear to be discriminatory as it denied her the opportunity to take a paid holiday for enjoyment - a right enjoyed by other staff.