Time off for Joint Replacement- Disability Leave

LouisaG

Hi

I am due to have a wrist replacement, however my works policy on leave covers illness/injury which I don't think covers disability leave. I have sickness due to RA and Fibro and this is being counted towards my entire sickness, its not split into separate normal sickness leave ( stomach bug etc) vs time off due to flares. Therefore I am coming up to the allocated time I am allowed off before my sick pay ceases. Having my replacement I'm presuming I will be of work for 4-6 weeks, therefore I didn't want this to be counted towards my sickness as i feel its not sickness. Does anyone know if there are any GOV/Equality Act reading i can do on this? I personally cannot find anything. How have other employers acted towards time off for joint replacements?

Many thanks

jeddison1985

Hi @LouisaG firstly let me welcome you to the forum I hope you find the information and support you are after from our wonderful community.

I can see from your post that you are waiting for a wrist replacement but have concerns about your work situation.

The site is full of information and I wanted to signpost you initially to our latest guidance on work rights below.

https://www.versusarthritis.org/policy/our-policy-positions/employment-and-work/

Please feel free to search the forum for others with similar experiences and I am sure that some of our community will be able to help offer some useful suggestions.

I will also if you are ok with that ask for our employment advise specialist have a look at your post and see if they can help.

Take care and I hope you get some answers soon.

Thanks

Joe

LouisaG

https://community.versusarthritis.org/discussion/comment/682642#Comment_682642

Hi Joe that would be great if you can speak to employment advise specialist! thank you!

YvonneH

Hi @LouisaG

I don't want you to feel like you have been ignored. I am referring you to the Working Well with arthritis service which we offer, as you click you will see some links to other information on work which may be useful.

https://www.versusarthritis.org/additional-services/working-well-with-arthritis/

I have been in touch with the Working Well manager but she is not in the office until next week. I am sure she will pop in with relevant help as soon as she returns.

Thanks

Yvonne x

MoWW

Hello @LouisaG

I am sorry to hear that you are having issues with your employer around sick leave entitlement and support. While you are covered under the Equality Act 2010 due to disability or long term condition, you are right to highlight that there is no automatic right to Disability Leave - where sickness related specifically to your disability is not counted against your usual sick leave allowance. Many organisations have raised that this should be considered a reasonable adjustment. I have pasted some links where you can see that it is considered a 'reasonable adjustment' that employer should consider.

If you are a member of a union, check with them on their approach to this - see Unison link below.

Disability leave | UNISON National

Microsoft Word - Sickness Absence and Disability Discrimination Feb 2013 (tuc.org.uk)

If you can arrange a meeting with your HR team and/or manager to discuss your concerns, highlighting the difficulties you are facing they may consider what reasonable adjustment can be made to the sick leave policy.

Disability rights: Employment - GOV.UK (www.gov.uk) Asking your employer for changes to help you if you’re disabled - Citizens Advice

What reasonable adjustments are: Reasonable adjustments - Acas

You may also wish to consider whether you need specialist equipment, software or other support such as travel to/from work. Access to work can offer you an assessment of your needs, looking at your job role and what adjustments or equipment that could make working more accessible, Get support in work if you have a disability or health condition (Access to Work) - GOV.UK (www.gov.uk) If you are unable to drive or use public transport then claiming for travel support such as taxis may help.

I am happy to discuss any of the content further if this will help,

good luck

Maureen @MoWW