Return to Work

[jorainbow]

Whilst I'm not sure this is a legal situation any advice re good HR practice would be most welcome! Last week I set off to work and 20 mins into my journey came over very faint/nauseous, pulled over and made the decision to return home as I was closer and with much less traffic. I called reception to get a message to my line manager to explain situation and let them know I would have a cup of tea/more food and then either make the journey in or call in sick. I did this and my partner actually drove me to work. I was then told I had to complete a return to work form (even my line manager had questioned this as I was only 2hrs late - I live 20 miles from work so the journey takes 35mins). It turned out this was the start of a viral illness which I ended up then having Mon/Tues off for which again instigated a RTW. Yesterday I received a formal invite to a meeting as I had triggered the 3 occasions in 6 mths sick policy (I had 1 previous instance) which is fine if I had been sick on the Friday but I am questioning how being late constitutes sickness as I informed them I would be in. I receive emails for cover (its a school) on a weekly basis along the lines of 'I'll be late in when the headache clears/stopped feeling sick'- are these all triggering a RTW??? The meeting is a 'bring trade union rep/work colleague' meeting which clearly will go on record and I am not sure whether to question now or at the meeting and take a member of Senior staff in? In the second RTW my line manager used the phrase 'continuation of illness' too so isn't that one instance even without arguing the common sense of the first instance? Any advice welcome. Thank you.

[teaboy2]

Re: Return to Work

Yes you can be required to fill in RTW forms just for being late. The main question should be, how does 2 hrs late amount to a days absence? As it clearly doesn't. And you need to point that out to them at the meeting that you were not absent that day and therefore it should not count as absence. Also Monday and Tuesday is 1 period of absence and can not be treated as two different periods of absence. So in effect you have not triggered the 3 occasions in 6 months as you have only had 1 period of absence + 1 period earlier in the last six months bringing your absence period total in last 6 months to 2 periods!

Yes it is continuation of illness, however the day you were late doesn't constitute a period of absence as you must be absence for a full day!

[Nomoneynoproblem]

Re: Return to Work

My only comment is if your policy states a rolling period of 12 months which could have pushed you over the trigger. I agree that Monday and Tuesday cannot be treated as two occassions. From my experience a RTW form needs to be completed fully a full or half day's absence. Again each organisation has different rules. It might has been the case that you were marked down as sick rather than lateness.

I hope this helps.

Regards
NMNP

[jorainbow]

Re: Return to Work

Thank you for your advice. Spoke to my line manager again who agrees with me and at the meeting I will ask why this is seen as sickness when it was just lateness and he will take it to the Head to get the occasion taken off my record.

[teaboy2]

Re: Return to Work

Let us know how things progress please.

[jorainbow]

Re: Return to Work

Common sense prevailed! My line manager confirmed it was a late and not a sickness and advised it would be taken off my record. Even apologised that he hadn't stood firm when he questioned it.

[teaboy2]

Re: Return to Work

Good, keep us updated if anything changes!