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In my opinion, at the heart of the matter is:

 

Under what circumstances is it appropriate for someone to be paid, by the employer, NOT to work.

 

Even guidance on carers request for flexible hours, or extended parental leave during summer holidays, does not dare to suggest that employers must foot the bill for these activities. And probably rightly so.

 

In Occupational health we can recommend reduced hours etc for the benefit of a return to work programme but we do not comment on whether people are paid or not, for working less hours than their contracted role, even when there is a clear benefit to  the organisation for them to do so. Pay is an operational issue not a medical one.

 

Sometimes, I feel we are being used to justify expenditure by having OH legitimising the illness – the managers don’t want to be the bad guys and say No or they’re hoping we’ll say yes so they can pay them because they are having a fairly normal emotional response to someone else’s difficult circumstances but know as a manager they should not pay them, as, after all, where does it end. So if they can get OH to make the decision for them, they can be absolved from the responsibility either way…

 

With all the sympathy in the world for the situation, it is not appropriate for a doctor to give access to sick pay entitlements because someone has a heavy burden of caring responsibilities. We can advise  on anxiety management strategies for people who are worried but being sad is not the same as depressed and I would caution people from projecting how they would feel in a similar situation into the assessment. Medicalising this is not going to solve the problem for the employee or the employer.

 

Is paid sick leave appropriate for individuals who are having a perfectly  and probably somewhat predictable reaction to a difficult situation? What if it goes on for weeks, months? Should leave be paid or unpaid? Should it be called carer’s leave, career break, parental leave etc??

 

It is the managers choice to grant the leave and their choice to pay the leave or not, I agree that all we can say is they would otherwise be fit for work so at least they can come back to it.

 

Susan Gorton | OH Nurse Manager | Occupational Health Department | Great Ormond Street Hospital NHS Foundation Trust | Level 3, Ormond House, 26-27 Boswell St., London WC1N 3JZ |020 7405 9200 Ext 0247 | DD to OHD 020 78138554 | Direct Fax 020 78138355 | Mobile 07833294568

 

Please be advised that all e-mail communication relevant to assisting in the management of the OH process will be printed and entered into the individual's OH file or copied and added as an electronic note on their electronic OH record. This may therefore be disclosed under the Data Protection Act (1998).

 

From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Carr Barnes
Sent: 15 May 2013 09:48
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Reports and Data Protection

 

Jacqui

How about 'while not suffering a medical illness per se non.work stressors appear to be affecting tolerance for work demands. I advise a solution focussed meeting looking at ways management can help x potentially manage work and non work demands concurrently e.g lookin at work tasks, demands, hours etc as a way to help promote ongoing attendance?

On May 15, 2013 9:36 AM, "Jacqui Adams" <[log in to unmask]> wrote:

I have had 2 cases involving this subject this week , both have been signed off work by their GP. In one case  I struggled with assessing their fitness for work; he is cabable of meeting his own and family members physical  needs and carrying out  daily activities however he is so anxious regarding the wellbeing of his elderly mum that he feels unabale to be at work, has no social life away from home and is therfore socially withdrawn. He can function because he isnt at work but does that make him unfit for work ??

At the back of my mind I am also aware his employer has no great desire to make him an example and stop paying him sick pay.

Gosh but I love this Job!

Jacqui

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