To return to work or not

[Meredith62]

Hi just wondering if anyone else is struggling with their management and returning to work ?

I am a patient facing key worker who has been off work for several weeks (as in clinically vulnerable group ) with unpaid leave and then compassionate leave as my dad died from Coronavirus a month ago .

Work say they want me back in work , non patient facing . I say I don’t feel safe in a hospital as there are many areas I would have to walk through where Social distancing would be impossible, also the R rate in a hospital is higher than in general public areas due to the nature of its purpose.

I am happy to take unpaid leave if it’s the only option as they won’t support me in my decision . However they are making it very difficult for me .

This is a question of personal safety , therefore surely it’s a very personal decision ? Has anyone any advice on how to talk to my managers as I feel I’m hitting a brick wall ,

Many thanks

[Rainbow_Unicorn]

Hi,

I took ill at work (live in care) with an asthma attack and had some time off about a month ago. I told them that maybe switching me to day shifts might help.

Then on my day off this past weekend I went to A&E with another asthma attack so called work to let them know because the doctor had advised self isolation for seven days(they had four days to find cover). They got annoyed with me and I am having a phone chat/disciplinary today.

Are you entitled to statutory sick pay at the minimum? Why are you on unpaid leave? from a moral standpoint it doesn’t sound ok for you not to be paid, you do not choose to be in the vulnerable category and how are you meant to live if you are not being paid?

I will let you know if anyone has anything useful to say after my chat later today, then maybe you could try with your employers...

[Poobah in reply to Rainbow_Unicorn]

Just a quick note which I hope you get before your chat. You're covered by the Equality Act 2010 so there should be reasonable adjustments to the amount of sick leave you take - an occupational health assessment should be carried out by professional OCC Health professional who will recommend suitable reasonable adjustments that will help you access work taking into account your asthma etc. But definitely ask for OCC Health Assessment before any other action taken.

If they persist on their course of action explain they are discriminating re Equality Act.

All the best.

[Rainbow_Unicorn in reply to Poobah]

Thanks Poohbah! I did see your message before the chat, which they messaged at the time we were supposed to chat to cancel/rearrange.

My friend also said the same about the equality act.

I have time to read over it before they decide to call me back(probably next week but who knows, they are very disorganised).

[Poobah in reply to Rainbow_Unicorn]

NB that lots of diseases and disabilities aren't specifically mentioned in the Act but any condition that is chronic and affects daily health & life for at least 12 months is considered to be a disability for the purposes of the Act.

Good luck.

[Poobah]

Did you receive the shielding letter? If so, unpaid leave not suitable.

Before you return to work ensure that the employer arranges an occupational health assessment to assess the current Covid-19 risks with specific reference to your asthma and health. This is carried out by trained specialist. They will recommend reasonable adjustments for you in order to minimise the risk in the workplace.

Reasonable adjustments can be a change of duties, strict social distancing, PPE, working from home etc.

As an asthmatic you are covered by the Equality Act 2010 as well as the general Health, Safety and Welfare Regs which apply to all work places.

You are entitled to specific protection under the law and to ignore this is discriminatory.

If you're in a union or a member of RCN, contact them for support through this process.

All the best.

[Meredith62 in reply to Poobah]

Thanks both , I’m on unpaid leave as they want me to use annual leave and I want to keep that for throughout the next 12 months as I get chronic migraines too so it gives me downtime and work know this.

As I’m not in shielding group they won’t pay me . So as I don’t want to be in a hospital environment where infection rate is higher I offered to take unpaid. Anything rather than go in until it settles a bit .

Maybe I should mention Equality Act but it feels aggressive

[Poobah in reply to Meredith62]

Please, if you are in a union or RCN, seek support from your rep. You are entitled to reasonable adjustments like you are entitled to breathe. They are every day facilities used widely in the workplace, but you have to formally ask for the occupational health assessment. You are only asking for something that is as reasonable as expecting to be treated with respect at work. These are not Victorian times.

All the best.

[Cheetahstar88]

Didnt want to read and run. I am asthmatic and also in a front line patient facing role. I've been doing phone calls from home to keep me safe. And only now am I starting to come back into our office on quiet days to answer the phones but when it gets busy I go home. Your hospital should be able to re deploy you to a safer role ie phone answering/calling from an office or send you home on full pay.

You need an urgent chat with Occy health and HR. Please dont accept unpaid leave. You didnt ask to be asthmatic or invite the coronavirus to our shores.

Fingers crossed you get somewhere x

[Meredith62 in reply to Cheetahstar88]

Thank you I will look into this again with my managers .