Employer advice needed - endo sick days being taken as annual leave.

Hey all,

I was diagnosed with endo last November following a laparoscopy and excision. I work as a psychological therapist for the NHS. On the first day of my period I can barely move let alone think or be in a position to provide therapy, most months I will take tranexamic acid, mefenamic acid and tramadol or cocodamol for pain.

I've had 7 episodes of sick in the last 12 months, 6 are endo related as I often need to take the first 1-2 days of my period off. My manager referred me to the NHS Occ health team who although sympathetic seemed to not know the solution to this (I don't know how often I've had to explain there isn't a cure or a known cause to my manager) and now they make me take any days in which I can't work due to endo as annual leave.

I don't feel that this is ok and I'm asking the forum for support as to my rights around this and any suggestions I can make with my employers. I have a colleague with chronic fatigue who they have been extremely accommodating with but they can't seem to grasp endo has chronic fatigue in addition to pain when ovulating and menstruating, my hormone levels fluctuate and the joy that is brain fog. I feel very frustrated that this is their response but I feel backed into a corner with how to challenge this. I am with unison if you think it would be a good place to start?!

Any help would be amazing,

Sadie

[LaurenRLI]

You'd think as you work for the NHS that they would have a better understanding of this! That's shocking! I'm sorry you are going through this. I was starting to get into trouble for my time off so I have had to go into work and try to work and then go home early instead of taking the whole day off.

Maybe read your contract and see if there is anything in there that you can challenge back with.

Sorry you are struggling x

[Hidden in reply to LaurenRLI]

Thank you so so much for your reply sweets. I know right?! Everyone just seems to be at a loss, I was beginning to feel like I was going mad as surely I'm not the first person they've met with Gynae related difficulties.

I'm so sorry to hear you're also having a tough time too, do your employees count this as a days sick if you go in and go home? Thank you for your suggestion, sending you a big hug and hope you get supported at work too xx

[Jk2015]

I would talk to unison- you shouldn't be having to take annual leave, but equally they're entitled to monitor your sickness so they might actually be trying to help you not get a bad record. Talk to your rep and see what can be done- can any adjustments be made for you at work?

[Hidden in reply to Jk2015]

Ohhh completely! I get I can't take loads of time off, I would just prefer to not have to use my annual leave. I asked if I could take it unpaid but got told that's not an option. I guess this is also what I'm trying to consider. It's hard as I have patients every day and they're booked for twelve consecutive weeks so this means cancellations which I totally get isn't ideal. Also the day of my period tends to alternate every month as does the length of my cycle so I can't predict when I'll be on to try plan ahead as such. Thank you for your reply xx

[LadyBat]

Hi, I'm a PCS union rep and while I haven't dealt with any endo cases (including my own yet because I'm newly diagnosed) I've dealt with a number of long term and intractable conditions in members.

Definitely speak to a unison rep - it's great that you're a member. A good rep will help take the stress out of the process.

The Equality Act is quite open in its definition of disability - it is a condition that has lasted or is expected to last for at least a year, and that has a substatial negative impact on your ability to carry out day to day activities. Once you can make that argument successfully (and requiring excision surgery, missing work etc is all powerful stuff in making this argument) then your employer is obligated to make what's called 'reasonable adjustments'. What is reasonable depends on your employer itself so the fact that it is NHS is really good because the size means you can argue pretty much anything as reasonable.

Then ask for what you need - of a raised trigger point to account for endo absences ask for that, if it's amended hours to deal with fatigue, extra time off for appointments. Whatever you need ask for it. You will need to do all this in a formal letter to your manager and support it with evidence. First step though is speak to unison because your rep can walk you through the whole thing.

Good luck x

[Josie-1970]

Hiya. I also work for NHS in Histology and have exactly the same issue, i was told i had to use annual leave as sick days. Ive recently had a laparoscopy and ablation had 5 weeks off due to infection provided 3 doctors notes one of which was from the hospital and have been given a stage 1 warning for my sickness. If you look into it you cant be off sick and on annual leave at the same time as i should have been on a weeks annual leave while i was off sick and my boss actually cancelled it and gave me my days back !! Bit of a contradiction. Join Endometriosis UK they have advice that you can download and have a good read of and get in touch with tour union rep if youre in one. Hope this helps.

[RebaReba]

They should at least let you take unpaid leave. I suggest you chat with your union and see what they can help you get worked out.

[Magic3]

I work for dwp and have several ohs reports recommending reasonable adjustments and have been told they don't have to honour ohs advice basically they don't like the recommendations for reasonable adjustments so won't put anything inolace exceot a slightly higher trigger point. You have my sympathy definitely speak to hr or a union rep to try and get something sorted quickly as I've found employers drag their feet in the hope things will disappear xx

[LadyBat]

Hey Magic3, are you in PCS? DWP are a terrible employer, ultimately if they fail to make adjustments that even their OWN occupational health service say are necessary, then you have a strong case against them for a tribunal. And tribunals are fee-free again now!

[CJR99]

Hi Sadie,

I am so sorry to hear this.I too was exactly the same pain wise but,battled through with only a few sick days.What I do know is that your employer cannot act more favourably to another colleague and discriminate against you.The NHS should know better and I agree you must speak with your union and make a bit of a fuss.You deserve to be better supported and I sincerely hope things improve for you.

Best wishes Clare x

[AkiBoo]

Hi, Sadie

I am sorry to hear that, I work for the NHS too but sickness management is very different depending on who your manager is.

I had the best manager in my last NHS work place but current managers are not supportive at all.

Has the OH stated you are likely to come under disability act? This will make it difference to how you will be treated. At the same time, each trust have a policy and when we go over specified sickness numbers of spells and days, we can be eventually removed from our work.

I think it is best to speak with your consultant to seek best possible treatment. I am not a specialist, however, we know that when we have periods the endometeriosis can manifest quite badly. Have you thought of stopping periods?

I am dealing with sickness from endo right now, too. Unfortunatelly, for me the disease is very severe even when I am not having periods I can have bad flare ups as well. My consultant's letters, OH and Unison are helpful.

But the most important thing I find is knowing what my rights are and say what you want. Also think what you want to do and knowing own limit, too.

Good luck!

[ocke2030]

hi i think i saw something in the endo website about the legality if it all you just reminded me to have a look!