Sick leave now been taken to HR

[Dida78]

Hi,

 

I'm new here and only found this lovely place by looking on google.

 

I have been working for my current employer since June 2011 (temp till 12 Dec 2011 made perm). My company was well aware I had long term illness issues which I do everything in my power to control.

 

Last year I had a PIP done (Performance Improvement Plan) as they said my sick leave was to high. I accepted this and tried to make sure I was here as much as I can be. But now since I have had time off again it has been brought up again. This time there are going back to the time I started I have had 32.5 days off sick (24 individual occasions), 9 of those were related to my chronic lower back injury and pain, 6 to migraines, 1 for time off with stress, rest thing like cold ect...

 

Now they are using it all saying I have to go back to the occupational health nurse who prior wrote a report to say I am classed under the disability act and that the conditions were ones that were not going to change at all.

 

Some background, I have had 2 surgeries on my lower back for collapsed L5/S1 disc. Both failed. The last operation caused damage to my sciatic nerve, which causes chronic lower back pain, back spasms and stiffness.

 

I suffer from Migraines caused by stress.

 

I am currently receiving help from a psychologist for stress.

 

I worked my butt off to get off my PIP and even came to work when I really should not have.

 

What is my standing on how to go to HR and deal with all of this as my manager is now calling into question my capability to do my job.

[Emmzzi]

16 occasions disability related, 8 not. Many businesses would call you in for the 8 over . is it 2 years?

 

Are you on any warnings at the moment?

 

Do you have a union rep to support you?

 

Have you had helpful adjustments like eg ergonomic chair? Desk job or other kind of job?

[Dida78]

Hi,

 

Thank you for the reply.

 

My work is looking at it in as the whole thing, not split. In the last year I have only had 2 occasions that were not related to my prior conditions.

 

I worked hard to bring the amounts down, but due to me having to attend medical appointments I have had more time off that wanted (physio and therapy - I waited a year for these apps)

 

The company recently upgraded all the chairs so that they have the correct lumbar support, they have change my mouse to a penguin (it stands up) to help with carpel tunnel. I requested to work from home on days that I could not drive due to my back (we have the systems to do that) but was denied. As my manager said it would be unfair to my other colleagues. When my back is that bad that I cannot drive I cannot come to work and have to call in sick.

 

No I am not on a warning, I completed all that was asked of me to do on my PIP.

No I am not part of a union and have no support at work, I feel so stressed out by all this, as yesterday I received a message from my manager for a meeting to review my attendance, arrived and there was my manger and another team leader in the room taking notes, this was not a review it was the 1st step in a formal process. (I have mental health issues) (If I were a animal I would have been put out my misery) all jokes aside, I work hard and try my best in everything that I do.

 

So much so that my manager has given my additional responsibilities that are not related directly to the work I am employed to do.

 

This recent rash of time off (meaning 3 days in 3 months - I know it is high ) I went to the doctor as the medication was not as working as it had been, I have even requested additional physio on my back and test to try and get back in control of everything.

 

I just feel like I could cry all the time as I don't know what more I can do to show them that I want to be here more and work more, but physically I have limitations.

 

My manager has gone to HR to put into question my physical capabilities to do my job (his work not mine)

[Dida78]

Ps this is over 3 years, not 2. Last year is 9 of which only 2 are not related my previous note limitations. (one which was a week off sick which falls off the books in 2 weeks)

[porkyp1g]

I'm having to go into work with kidney stones which isn't much fun when suffering a pain attack from a flare up. I'm on the brink myself (of breaching absence policy) so I know how you feel. My advice is to show where you have made every effort to get into work and attend as much as possible, this should be enough to help them see you are making every effort.

[Emmzzi]

I think joining a union would be really useful for later on.

 

I think another occ health appointment would also be useful as I'd say the odd day (one a month? not every day!) working from home would be a reasonable adjustment. Your manager may not be fully up to speed with requirements of Equality Act?

 

As porky says above - show you are doing everything you can.

[Dida78]

Thank you will let you know what happens