Advice. I think work are trying one on me!

[MrsQ]

Hi there i really hope you can help.
ITS a bit long.....

From the beginning of my pregnancy i have had it rough. Had hyperemesis up till 16 weeks and was in and out of hospital and then 17 weeks started getting onset of preeclamsia and again was in and out of hospital.

And got a call today saying they werent happy me coming back as they needed to think of my health and the babys.
They want me to stay off sick (was planning to go back tomorrow) until 11th november when i have my booked leave, and then go on maternity as normal. But to go sick now i would only get half pay and we cant afford to live on that.


My dr had asked when i was due back and i said tomorrow and he said rest till then. But work want a sick note! what do i do?

x

 

[charlieann]

if your fit enough to work and the doc thinks its fine for you to go back then your work can't really ask you to stay off, unless they are going to give you leave on full pay. if they ask you for a sick note tell them you are fit to work and therefore will be in(unless you would rather have time off). it's up to your dr not work to declare you fit for work, unless they do a risk assessment. they have to find you another role at work or give you time off with full pay if you fail risk assessment.

 

[Abz1982]

If your work want you to stay off for health and safety reasons then they have to put you on Full Pay. You cannot go off 'sick' on their instruction if you are classified as fit for work.

From Direct.gov

Suspension from work on medical/health and safety grounds


In certain circumstances your employer may need to suspend you from work for health and safety reasons. Find out about your rights if that happens, how you will be paid and what happens if you are pregnant.
Suspension from work on medical grounds
Your employer has a duty to take all reasonable steps to ensure your health and safety. This means they can suspend you from work if they think you may be at particular risk. For example, you may be suspended if you become seriously allergic to a chemical at work, or if you are a newly expectant mother working in a lab that uses radiation. Your employer's decision should be based on a risk assessment.
You will not have the right to paid suspension on medical grounds if, for example:
you are not an employee, eg an independent contractor, agency worker or freelancer
you unreasonably refuse other suitable work offered by your employer
you don’t meet any reasonable requirements your employer may have to make sure you are available for other/alternative work when required
Are you a 'worker', 'employee' or 'self-employed'?
Pay
If you have been in your job for a month or more when you are suspended, you have the right to be paid for up to 26 weeks of suspension. The pay should be equal to a normal week's pay. However, if you are offered other suitable work you must take it otherwise you lose your right to be paid.
There may be rules for medical suspension in your contract of employment. If they say you are to be paid while suspended, you should make sure the actual amount isn't less than a normal week's pay. If it is your employer must make up the difference.