I wouldn’t say this time out from work has made me feel any better, but it has allowed me to be more proactive for my children and I’m no longer finishing work , picking up the children and coming home and sleeping.
I don’t feel like going back to work is viable for me and my children. I’m just not sure how I would approach this with my employer. Do I tell them that I will be off long term sick? Do I just carry on getting a monthly sick note? Should I tell them I’m no longer fit for the role? I have no idea 💡.
Your advice would be much appreciated. I don’t plan on being out of work forever but I need to get my symptoms under control and medication right before making long term work commitments
Xx
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Lisalou19
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I took 5 out of 6 months that I could take off & this was being signed off by my doctor (GP) & depending on your work policies (IF you can a copy of the sick policy) it could go up to a year (6 months unpaid possibly)... You need to discuss this with employer HR in a meeting ....
Also, depends on your work, if your fit to return. I took all my eligible annual leave & did a gradual return using my holidays each week to adjust.
Also, ended up on reduced hours, but contractual these became permanent reduced after a year, just not fit enough for full hours (now 33). I had to bite the bullet & realise I couldnt do more & this helped with doctor appt, bloods, etc.
Check out lupus uk booklets online for information too, possibly union or citizens advice.... not easy, will be thinking about you. ML 😁
Chronic illnesses are covered by disability act. You need to let them know if you have a disability to be protected by the legislation. You are also covered by data protection when it comes to sharing information....
Not knowing where or who you work for (size of business & work that you do) will determine also your suitability and any 'reasonable' adjustments they need to make for you. I did not want everyone at work to know until I was ready & adjusted to having a chronic illness & even now, I just get on with my job.... I some days have a rough start & go in a little later (better once I get a little more rest if I can). I am not on front line work so more adjustable, thank goodness....ml
Hi Lisalou, you won't be automatically covered by The Equality Act - it's a legal judgment on a case-by-case basis (I went through it at an employment tribunal) only cancer, HIV and MS are covered as soon as diagnosed - HOWEVER it's up to the employer to take a guess if you WOULD be and to propose reasonable adjustments if so
The legal judgment is based on your ability to do normal day-to-day activities, and since you've been signed off since January, looks like you'd meet the 'disability' definition in law
The first step for the employer would be an OH referral, as Milliecox says, and your management should* act on OH's recommendations
Send your boss the employer's guide Maggielee has posted a link to and ask for a meeting
Be sure to find third party advice and support - union or ACAS (I found CAB didn't know much)...keep posting, hope it goes well xxx
*Sadly there are rogue employers and mine chose to end my employment contract
It’s only a small company that I work for and they don’t have OH or anything along those lines.
I’m just worried they will terminate my contract and then I left up the creek with money and will have to do the whole ESA claim and not sure how long that takes x
I am due to meet with work this week so will be honest.
My main fear, is I’ve had to take this time out because I wasn’t functioning 100%. If I go back and I’m still not 100% I am putting myself in the position of loosing my job, whereas this way I will see out my sick for 28 weeks then move over to ESA.
I eventually intend to go back to work but not until I feel myself x
I’m in the same place as you lisalou. I’ve been off sick for 6 months now. My work have been really super about my illness. It’s worth talking to your boss/ line manager about your illness to help them understand. I was lucky enough to get help from an occupational therapist too. There are lots of things that can be done to help you go back to work, including workspace arrangements and flexible or reduced hours.
I am not well enough to go back to work yet and financially that’s a challenge. I want to go back eventually but not until the rheumy has gotten my medication right. My health and well-being come before my career. That’s a choice that you will need to make for yourself too.
I am currently going through the process myself, sadly my employer is not being very helpful or understanding, to the point that in a letter to me from my employer it stated that l had been offered referral to Occupational Health , this was the first l had heard of this, my union rep immediately jumped on this as l had never been offered OH referral. Suddenly l had a call and arrangements was made for a telephone OH assessment. If you are offered an OH referral do it, they make recommendations to your employer to help you continue to work (reduced hours, better understanding of conditions etc) You can ask to see any report prior to your employer receiving said report and it will enable you to make any corrections. I have now been referred to the OH doctor as they feel l should retire on medical grounds, but the OH doctor has to make that decision.
Please get advice on your rights and have someone supporting you through all of this it can be very stressful.
As everyone says the key is some factual advice from someone outside the situation - you should certainly be covered by the equality act - think of Citizens Advice Bureau, disabilities rights UK, an rehabilitation physician (private possibly for a one off opinion) a private occupational health physician so you know where you are before you say anything to employers. See the excellent books by LUPUS UK (read both ie for employer and employee) - informed advice/guidance really important.
Hello It's often hard accepting that Lupus stops us from working. You will be covered under the equality act. All employers have to try make "reasonable adjustments" to help keep you in work, and that can include things like phased return to help you gently get back to work after a long sick leave absence, some employers may even consider different less demanding role for you, or even adjusting your hours, however what is considered "reasonable" does vary depending on the company, the nature of your job and role etc. The Lupus UK info about working when you have Lupus has useful info including info for employers
I would say don't go back to work if you're not well enough to do so. Also if you're in a union get their advise
It's probably also worth trying to get info about what happens when SSP ends, government website, CAB or union representative should know (I think if you've paid enough NI contributions you may be entitled to government ESA social security benefits whilst its getting sorted / as SSP ends/ permanently if you get "dismissed from work due to not being well enough to work") ESA and DWP benefits can be affected by savings, if you have a partner who has income, if you do get a medical pension.
Employers can't easily dismiss you from work because of the equality act, so that usually a very last resort and a long way to go before you'd be at that stage. There's usually a sickness / capability policy work must follow. Plus if you're in a works pension scheme, then there may even be a ill health retirement option / medical pension ( not easy to get especially if young age but it's the route some of us have to go down)
Things like entitlement to ESA would be influenced by if you leave your job voluntarily (basically don't you ever be the one to give in your notice, DWP penalise people who "voluntarily stop working", so get employer to go through their policies etc)
Keep seeing your GP, get all your medical symptoms on record, discuss with them your thoughts on not being well enough to work. It's likely you'll need medical "evidence" and GP back up whichever route you end up on
If you're being totally honest with employer it can help, as can help them see what kind of things may help you in terms of reasonable adjustments, can help them in planning their side of the company regarding covering your absence, and can help them see that your not just "being awkward" as in if you all know the best option is to not work but because of DWP and ESA benefits etc but employer has to be the one who "remove your employment". However I would also say that I don't think employers look "kindly" on people taking ill health retirement, and usually they have to be the ones suggesting that and supporting that option for you to have any chance of success in that (I believe to discourage people who just want to take an early pension)
I don’t feel consistent enough to get back into work. As we all know a good day normally follows with 3 bad days. Ideally I would like to receive ssp for the 28 weeks, this will take me upto 8th July, and who knows by then things may have changed x
Yeah give yourself time. It's a big decision to not work at all ......I had no choice the fatigue too bad to cope with working. I had to take ill health retirement , and it was a big fight to get that, very stressful too.
My employer was great and I had a lot of occupational health and HR involvement. I tried several phased returns before I realised my health was suffering by trying to push myself to keep working. Alternative role wouldn't work for me either as I struggle to even get going and "functional", and in reality all I was "managing" was trying to work and sleeping the rest of the time. Part time was not an option for me due to nature of my role and job (I don't think even part time would have helped either)
I really struggled having to accept giving up my career but in hindsight it's been the very best thing for my health, I'm much more stable, and I've the time I need to get the sleep I need plus to pace myself properly.
My sick pay was via work and went on for a while as I kept being off sick then going back, having sick leave, phased returns, working then sick again etc etc, over a period of over 12 months, but I think because I did keep trying back at work I somehow took a good long while before I couldn't get sick pay anymore. I'm not sure about SSP and whether rules have changed, but as far as I remember I think that as my sick pay ended I could apply for what was called incapacity benefit (this is now ESA, or even universal credit in some areas of UK) although my memory may be wrong and it could be that I got SSP once work sick pay ended
Good luck in your journey. It may be worth asking GP about a long sick note ( eg 6 or 8 weeks) so you know that you can concentrate on just trying to be "as well as you can be" before you make big decisions about employment
Are you in a union, do you work in an organisation big enough to have occupational health and HR departments.....if so seek their advice. However I'm fairly certain they can not just terminate a contract like that you will be covered under the equality act
Definition of disability under the Equality Act 2010........ You're disabled under the Equality Act 2010 if you have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on your ability to do normal daily activities. ........
So it may be worth getting a letter from your GP spelling out that you have substantial and long term difficulty due to your symptoms
It may depend how long you've worked for that employer, if you're on anything like a "zero hours contact" as rules may be a little different if that's the case, but in general you should not be dismissed easily due to disability (It is possible later down the line that people get dismissed eg "dismissed due to ill health", but that can only happen if you've fully explored reasonable adjustments and full employers policy / procedures on things like sickness absence, capability. As every employer has to abide by the equality act or they are breaking the law
It may even be worth checking if you have house insurance that includes legal advice just to see what legality of your situation is
If you do need to do an ESA claim do a separate post for advice on that as the system is unnecessary "difficult", but if you genuinely can not work you should be entitled to it
Most of all try not to stress as stress in general can cause Lupus to flare up, and if you're new to diagnosis and treatment the medication does often take a while to have full effect
Most of all keep a close relationship with your GP, and get all your symptoms and "difficulties/ limitations" on record, and attempts to get them "under control"
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