12 May 2018

A question about : Sick Note Query

Hi All

I've been off sick from work for the last three weeks with my latest bout of cholecystitis (gallstones) and getting a sick note on a weekly basis. On this last sick note, my GP put that he was signing me off UNTIL MONDAY 20TH JUNE.

Does that mean that I have to go back to work on Monday, or on Tuesday? He did tell me to go back and see him again on Monday if I felt I needed more time off, but I think I'm going to have to go back to work. My manager e-mailled me to say that my sickness review had been changed from last week to next week (I've been under review for the past 9 months because I had a lot of time off in the last couple of years with acute depression). Then she rang me last week to say that if I don't come back next week they will just have the review without me. So I took that to mean that if I don't go back next week then they will most likely start disciplinary proceedings (I have been told that I am not allowed to take time off with depression, but it is allowable to be off with a genuine medical condition!)

Kate

Best answers:

  • I'm pretty confident that your sicknote covers you up to AND INCLUDING the last date on the note, because I think that it specifies a period during which the gP belives you are unfit for work. So, I think I would go to work Tuesday, unless you see the doc again on monday and get another note. I think the whole point of the doc putting a monday date on the note is that it gives you the opportunity to get another note on monday, and therefore not break the sequence of sickness notes.
    2. Depression is a recognised illness, for which you can be signed off, just like any other condition. If your company is giving you a hard time over this you should talk your union, if you have one.
    It sounds like they're a bit unforgiving anyway. I would make sure I noted all my absence days because of the condition. All their actions should be properly recorded too. If you are fired or unfairly disciplined as a result of time off because of the condition, you would probably have good grounds for legal redress.
  • Thanks Gustav. I actually work for the caring, sharing NHS ... they bought in this new sickness policy a couple of years ago. I will admit that I have had a LOT of time off sick in the past three years - mainly for depression, though I did have about a month off with terrible pains in my head and neck this time last year, which after much investigation turned out to be due to two of my teeth, which I subsequently had removed. I've also had the odd day off here and there with severe migraines.
    I've tried really hard to keep going when I feel ill, but it's difficult. At the best of times I feel like I'm fighting a losing battle with the depression, but as I have been told that I WILL be disciplined if I take any more time off sick with depression I don't really have much choice than to keep going. I wouldn't be at all surprised if at my sickness review next week they start disciplinary proceedings. I have an appointment with one of the Consultants at the hospital where I work, in a fortnight, with a view to getting my gallbladder out, and I'm starting to worry now about how much time I'll have to take off after surgery to recuperate, and whether that'll be a problem too.
    My manager has a habit of ringing me up when I'm off sick wanting to know when I'm coming back (I KNOW she's not allowed to do that, but I haven't quite plucked up the gumption to tell her - I have to work with her on a day to day basis after all). It gets to the point where I basically won't answer the phone ... and then they wonder why I'm depressed when they keep hassling me like this!
    I'm thinking that I'll have to show my face at work on Monday regardless of what the sick note says.
    Kate
  • sorry to hear about the terrible time you are having. they have no right to dismiss your depression. start keeping a diary of all the unacceptable things your boss/ work are doing saying as it sounds like harrassment/ bullying to me.
  • On a Med3 sick note the GP can advise,
    1. You need not refrain from work OR
    2. You should refrain from work for... (insert period of days weeks)... OR
    3. You should refrain from work until... (insert date to return)...
    In your case "You should refrain from work until Monday 20th June", means he/she is saying you should go back to work or see your GP again on 20 June. You would only be accepted as unfit for work on 20 June, if you had seen the GP on 20 June and therefore it would be impossible for you to start back at work on that day, in that case you would be expected to return to work the folowing day., ie. on 21 June.
  • I am a nurse in the NHS and also a Union rep. It really makes me mad to read how we look after our staff...believe me, you are not the first to be treated like this.
    You cannot be disciplined for being off sick as long as you keep submitting sick certificates and keep in contact with your manager to tell her what is happening. She should not be threatening you.
    If you are in a Union, contact your rep. If it was me, I would be right in there asking my Trust what they thought they were playing at. I would advise you to contact your Human Resource Department and your Occupational Health Department and tell them what is happening. If you don't feel strong enough or brave enough, your rep will be able to help you do this. He/she can also accompany you to any meetings you are asked to attend.
    And, as for Depression... this is covered by the Disability Discrimination Act and I really don't think your Trust wants to fall foul of that legislation.
    Good luck.
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