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Re: [OCC-HEALTH] hospital appts and paid time off work

Hello,

 

On a point of interest (that you can quote to your HR contacts) “Leave from leave” is actually with the European Court of Justice at present i.e. is an employee entitled to the 4 weeks paid leave required under Working Time Regulations when they have been on “sick leave” for a year or part thereof !!! (HMRC V Stringer) I am doing a Higher Diploma in Employment Law for my sins at present so can’t wait for the outcome………

 

With regards,

Jane

Jane Fairburn BSc (Hons) RSpCPH (OH) CMIOSH

Occupational Health Services Director

 

Mobile 07770 638 268

Office  01925 227 000

Direct  01925 294 775


From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Frank Oakes
Sent: 20 March 2007 08:12
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] hospital appts and paid time off work

 

The revolution begins  Signs   USA

 


From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Hawkes, Lynda
Sent: 20 March 2007 08:06
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] hospital appts and paid time off work

Have you got a spare flak jacket Frank, because I agree with you.  I also find it odd that folk can be ill when on annual leave and then expect to claim the leave back again - as if it is the company's fault that they have been ill!  Surely the company should not have to provide extra annual leave just because I might happen to have a migraine on one of my days off.  Same applies to opticians, chiropodists, osteopaths, acupuncturists.........................................................

 

Have retreated to underneath my desk.

 

Lynda

-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]On Behalf Of Frank Oakes
Sent: 20 March 2007 07:43
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] hospital appts and paid time off work

I have also seen the pass out system used and abused.  Why do we have such difficulty accepting that British Industry can not subsidise every appointment and personal need.  We get paid to work.  Controversial yes, but how many of us really think this?  Most companies support employee's with long term health conditions, and in my experience this was so even pre DDA.

 

Sits back, puts on flak jacket and waits.

 

Frank

 


From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Chloe Coleridge
Sent: 20 March 2007 00:17
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] hospital appts and paid time off work

Thank to all

The DDA isn't likely to apply because the treatment (not outpatient appt) is only likely to be required for the next few months and the condition doesn't meet any of the other stipulations of the Act.

The reasonable employer bit is the angle most likely to apply then by the sounds of it..problem is, the employer isn't that reasonable! They still use the Bradford factor for absence and are very quick to try and boot people out if they exceed what they consider to be excessive absence.

Anyway, thanks to all for replying

Chloe

 

-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 19 March 2007 22:40
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] hospital appts and paid time off work

 

Hi Chloe and List

I would agree with this advice from Lindsey. I believe that there is no statutory right to payment of SSP for  OPD/GP/dental appointments but many employers allow time from work to facilitate occaisional appointments. Having to attend for OPD appointments every 3 weeks is very unusual (certainly in the NHS) unless  these appointments relate to a serious ongoing underlying health problem, in which case the DDA is likely to apply. A reasonable employer may decide to offer flexi-time arrangement to cover such appointments, the reasonable employee may decide to accept such an offer.

Hope this is helpful

Anne


On 19/3/07 22:22, "Lindsey Hall" <[log in to unmask]> wrote:

Hi
 
I would be interested to know the condition and whether the DDA opinion is correct.  I am presuming that a view has been taken that the condition does not significantly affect daily activities and is not likely to last a year or more.  If this is the case then it should be up to the employer to take a reasonable view - which in their view could be that the terms and conditions of employment do not allow for paid absence for medical reasons and therefore holiday should be taken or some agreement is reached whereby the employee takes some holiday but is allowed some paid time off.  
 
If the view is that the condition does significantly affect daily activities and is likely to last a year or more, then the employer would need to take the view as to whether allowing the time off is a reasonable adjustment.  I don't think there is anything in law beyond this, apart from the normal boundaries of being a reasonable employer.
 
Lindsey
 
 


 
-----Original Message-----
From:  [log in to unmask] [mailto:[log in to unmask]] On Behalf Of  Lynda M Bruce
Sent: 19 March 2007 21:50
To:  [log in to unmask]
Subject: Re: [OCC-HEALTH] hospital appts  and paid time off work


 
 
hmm does that mean I can see my chiropodist, dentist and get my  pedicure which makes me feel great and the company will pay my time?
 
Lynda
In a message dated 19/03/2007 21:47:53 GMT Standard Time,  [log in to unmask] writes:
 

humm... could it maybe be  thought of as the employers duty of care to  
the individual to stay  healthy???

Quoting Chloe Coleridge  <[log in to unmask]>:

> Dear all
>
>  Can you advise me on the following from a legal aspect:
> If an  employee has a medical condition (not DDA) which requires him to
>  attend hospital for medical treatment (not ante natal care!!!)  every  3
> weeks, resulting in time off work, is there anything (law wise)  saying
> whether the company should pay the employee for this period  away from
> work, or whether it should be taken as unpaid leave/annual  leave/time to
> be made up later? Obviously individual companies have  different policies
> regarding this, but I wondered if there was  anything from our dear
> parliament on this matter.
> Many  thanks


 
 
 
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