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Beginner August 2003

Trouble at work - advice needed please

Dot., 9 June, 2009 at 17:37 Posted on Off Topic Posts 0 4

I'll try and be brief. The basic points are:

My daughter came down with a bug on Sunday night. I took Monday evening off work to take her to the drs. I was happy to take this as unpaid leave/parental leave. It has been recorded as sick leave and will mean I get a disciplinary hearing (as I've had 3 instances in 6 months).

The doctor told me she had tonsilitis and nothing else. I was sure it was scarlet fever. I made work aware of this situation and told them I'd be returning to see a different doctor today.

I took her back to the doctors today along with my son. We've all been diagnosed with scarlet fever. I'm fit for work, just have a sore throat and a slight rash.

We've all been given antibiotics to treat the scarlet fever.

Both me and my husband work for the same company. He's been sent home on full pay for the week to wrok from home. 'Just in case'

I've chased HR all day and only just heard from my manager (35 minutes after I should have been at work) to say that I'm not allowed in to work and I will not be paid for my time off. I can take this leave as holiday (I have none left so can't do that) or make the time up (I can't do that as I don't have anyone to have my children outside of my usual working hours). This will go on my sickness record.

As I said, I'm fit for work. I could have happily not told work I had scarlet fever and gone in to be paid.

There was no policy regarding quarantine etc until 30 minutes ago. I have not signed anything nor read the new policy.

What can I do? Sit it out and miss out on a week's salary and suffer the verbal/written warning about my sickness? or is there something else?

4 replies

Latest activity by Dot., 9 June, 2009 at 18:21
  • D
    Beginner August 2003
    Dot. ·
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    Meant to add, ade is on full pay as he can work from home. I'm in customer services so can not work from home.

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  • neffi
    Beginner January 2012
    neffi ·
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    I belivee if if you have a years service you are entitled to unpaid leave for emergency parental duties. Not sure what happens if you have less than a years service.

    sounds like your emplyers are being particularly difficult tho' ((Dot))

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  • MrsD
    MrsD ·
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    As far as I know, you're no longer contagious 24 hours after starting the course of antibiotics so perhaps you shouldn't go in tonight but tomorrow you should be fit for work. I'm not sure they have grounds to stop you going in if you've been declared fit for work by a doctor who presumably won't give you a sick note to cover your absence for a week. I'd call back and say that you intend to return to work tomorrow as the doctor has declared you fit and that you are not contagious. With regard to the policy, they should clarify the exact wording. Presumably they would need doctor's confirmation that you are no longer contagious which, in this instance, you can provide. There is no reason for them telling you not to return to work. This is where my memory gets a little fuzzy because I'm pretty sure they can add to their policies as and when they feel like it although I could be wrong and there would not appear much you could do about that aspect, although a Tribunal might see it as a bit unreasonable to implement a policy half an hour after someone had brought up the subject!

    With regard to the disciplinary - they have to be seen to be behaving in a reasonable manner when it comes to dealing with such matters and, if you have valid reasons, with doctors' confirmation for all your absences and they were reported correctly, it would seem harsh for them to give you a warning. But, like I say, my employment law is a bit rusty and I'm pretty sure someone else out there can give you better and more up to date advice.

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  • Lillythepink
    Beginner
    Lillythepink ·
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    Why has your unpaid leave on Monday eve been put down as sick? It's not. It's unpaid leave. Most places have a parental leave policy, based on time you're permitted by statue if you have dependents such as kids or elderly parents.

    I'd go into work tomorrow. Your dr has not signed you off, so go in. I don't get why they have insisted on Ade staying home either - either he's off sick (and therefore not working) or he's working from home, in which case it shouldn't go on his sick record.

    They sound like they are taking the piss, my lovely.

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  • D
    Beginner August 2003
    Dot. ·
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    Thank you for your replies.

    I've spoken to my manager again who went back to HR to tell them that I was seeking further advice. Mean time I spoke to ACAS who said it is effectively suspension and so therefore I should be given full pay. I called work back with this little nugget and surprisingly they've changed their minds - a week off on full pay is what has been decided!

    Thanks for your advice everyone. I'm going to be looking for a new job I think...

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