Sick certificates/epilepsy/meetings

[Browncow]

Hi,

Just need some advice and I know someone on here will be able to help.......

 

My partner has epilepsy has been completely controlled for approx 20yrs. Medication has recently stopped agreeing with him and neurologist has changed medication. This has resulted in seizures - both full seizures and absence seizures. He did self cert from work for first 5 days then GP signed him off of work for 4 weeks.

 

Informed employer and posted in sick cert - kept copy for records.

 

End of 4 weeks, GP issued another sick cert for 4 weeks. I spoke to his manager, his speech is very slurred and he is confused and muddled at all times, and explained. She said that 1st cert not received, I said I had a copy and should i send that with the new one. She said yes. I sent this a couple of days ago

 

He is now on half pay which is same as SSP.

 

Manager has been phoning every couple of days for updates. He isnt improving and being referred to UCLH Neurolgy hosp as urgent case with a view to admitting as epilepsy so unstable.

 

Manager calls today and says no certs received. I said new one and copy only sent a couple of days ago and sent 2nd class - money is v.tight. She said that copy is now no good as shes checked with hr, and they also needed it by today for next months pay!!!! I said I can request copy from GP but earliest i can request that is next weds!!

 

She then said she wants a meeting with my partner as hes been off 4 weeks. I explained that he cant, hes completely out of it most of the time, having absences and wouldnt be abe to speak for himself in the meeting. She then asked if her and hr can come to home address errr no.

 

Can they suddenly hold ssp/half pay without the cert? Have called GP and no gps there now. Earliest it would be ready to collect is next thurs afternoon.....

 

Can they request meetings when he is in this state and signed off work????

 

Any help would be great as with 2 small children, and a very poorly partner I cant even think straight! xxxx

oh and when i get the next cert i have to take it into the employer in person and hand it to her......

 

I think that your partner would fit the definition of dsability under the Equality Act 2010. He has a long term serious health problem and relies on medication to enable him to work. His employer is obliged to make adjustments to help him continue in work and one of those adjustments could be to maintain his full pay during this period of absence and not count these sick days as sickness absence - I mean do not add them to his sickness absence leave record.

 

He is obvioiusly too unwell to attend a meeting but I suppose the employer wants to find out when he might be able to return to work.

 

In his position, I would write (e-mail is faster) to the employer and explain that a meeting would be stressful and pointless at this time. I would provide a return to work date, if there is one or give a rough idea of when I could return, if possible. I would also invite the employer to obtain a medical report from my treating doctor or specialist.

 

I would also mention the full pay issue and say that I am keen to return to work as soon as possible and will attend a meeting to discuss a return to work plan and any necessary workplace adjustments ( phased return, physical aids, changes to workload etc) that may be necessary as soon as I am up to it.

 

I would also say specifically that I feel that I fit the definition of a disabled employee in line with the Equality Act 2010 and ask for full pay as a reasonable adjustment. It is important to spell things out for the employer so that they cannot claim ignorance later.

Edited June 2, 2012 by Browncow

[Browncow]

A massive THANK YOU for your advice. That is really helpful. Have drafted an email for him to send and get him to send it to his manager later today and make sure he copies in HR. I shall let you know what happens.....

Good luck with that.

[Browncow]

Hi,

Id put in the email about the equality act etc. After a week of hearing nothing, not even an acknowledgement we received this email from them this afternoon

 

"Thank you for your email.

 

I can confirm that we have received today, the second certificate with a

photocopy of the first one. As we have received the original second

certificate we do not need a replacement of this certificate.

 

In regard to your other points in your email, I am awaiting advice from

HR and will be in touch as soon as I am able.

 

Regards"

 

Am due to pick up the duplicate certs from GP tomorrow and will hand deliver the missing first one to her by hand...

How long do I give them to get back to us....I did copy HR into the original email to his manager and she also cc'd in HR in her reply

I would thank them for their reply and ask that they resolve the "full pay as a reasonable adjustment issue" as soon as possible as the financial stress is making the condition worse. I would also point out that given your partner's disability, it is possible to treat him more favourably than other workers by continuing full pay until his medication problems are resolved.

 

I would include the last bit because the employer may try to use the "we treat everyone the same in respect of sick pay - that is the company policy" argument so I think it best to counter that before they even have a chance to raise it as it will save time. Also, if this ends up at a Tribunal, you will be in a better position if you have made it clear that the Equality Act does support the continuance of full pay for disabled workers in similar circumstances.