Phased return to work - post TKR

JuliaHod12 Member Posts: 456
hmmm, well i am in a bit of a quandary!

I returned to work last week on a 6 week phased return to work regime following my TKR.
The HR Advisor says that any time i dont go into the office is to be classed as "sick" but the way I see it this is recovery time, not sick!
If it's classed as sick then it counts towards my sick pay allowance for the year!

Surely the recovery time whilst I am going in part time should be classed as special leave and covered by DDA rules as it's OA related?

I dont know enough about the DDA rules to be able to fight my corner if my HR are in the wrong, and equally not enough to know when to keep quiet and not stir it up!

Any help would be gratefully received

Julia x


  • frogmella
    frogmella Member Posts: 1,115
    edited 30. Nov -1, 00:00

    I read somewhere that is considered "bad practice" to count the parts of the day or week when a person isn't in on a phased return as sick. Again, bad practice not to pay full pay as normal. But I don't think it is technically illegal. It is obviously not very supportive, particularly when you are doing the right thing and going back before you are completely ready.

    Was your time post TKR sick or special leave?

    I know that time off for recovery, disability related things can be considered a reasonable adjustment under the DDA but, again, they don't have to make the adjustments.

    I'm fairly sure that they are operating within the law. You could, of course, ask them about reasonable adjustments under the DDA and whether they would consider full pay, not sick pay, a reasonable adjustment.

    Sorry I can't be more helpful. Or more positive in your favour!

    Good luck.

  • JuliaHod12
    JuliaHod12 Member Posts: 456
    edited 30. Nov -1, 00:00
    Hi Helen

    Thanks for the reply.

    I am being paid full pay for the recover period, but the issue is that our sick time/ pay is calculated on a rolling year,therefore if the time off i take during recovery is deemed as sick, then my entitlement is used up faster even though i am technically back at work!

    I am waiting for the response from our HR Dept!
  • frogmella
    frogmella Member Posts: 1,115
    edited 30. Nov -1, 00:00
    It's good going back to work, isn't it! ;) I hope you get some common sense soon!

    Good luck