Return to work before Occupational Health review outcome issued

[Bamboozled]

Hi all

I posted this in the intro forum but realise it really belongs here.

I work full time at a business - have done for over a decade.
Due to mental health issues, I was off work for quite a while. A few weeks before the national lockdown, I attended an Occupational Health review which confirmed a) I'm covered under the DDA, and b) my return to work should be staged.

I was in the middle of the staged return when I was put on furlough, and have been ever since.

This is due to end.

I've been given another appointment with Occ-Health but the date of the appointment means that their report/recommendations won't be available prior to furlough ending, and being back at work.

Its been suggested to me that, due to the above (report not being available before my go-back date) that I use my annual leave to cover the period until the report is recieved and a plan put in place to return to work.

This feels a little off to me as essentially the review is to check I'm OK to return to work, and suggest how that should take place, so booking myself on annual leave seems wrong.

In addition to the above - the likely outcome of the review will be to suggest another staged return (which is fine) but what will that mean in terms of the days that I won't be working due to the staging - are those "sick days" and therefore open for SSP (as Occ-Health will have essentially said I'm unfit to work them) or am I likely to only be paid for the days that I work?

Thanks in advance for any help/guidance - it'll be very much appreciated.

[ULA]

Do you know how long it will be until the report is due?

Could you be placed on sick leave until the report is due? Depending on how long this is for then you may need a GP's Fitness to Work note?

In regard to pay whilst you are on a staged return this should be on the same basis as was agreed when you were in the middle of your staged return prior to bing put on furlough. Typically though If you are returning to your normal duties but on reduced hours, you should be paid your normal rate of pay for those hours worked and for the time you are not able to work, you should be paid sick pay if you are entitled to it.

If you are being put on lighter duties, it's up to your employer to agree a rate of pay based on what you are doing.

[Bamboozled]

Thanks for the reply - it's much appreciated.

To answer your question - I suspect it will be around a week between when I should be back at work and the report being issued.

I don't see any problem getting a Dr's note to cover that time but am unsure how to have the conversation with HR to suggest it should be covered by a note rather than take it as annual leave which is what they're suggesting I do at the moment.

Thanks again

[ULA]

When did they ask you about taking the time as leave? Since if an employer requires an employee to take annual leave they must given you twice as much notice as the leave period. So they may not have given you enough notice. That may be the lead into the conversation which could then provide the solution of seeing if your GP would agree to sign you off sick.