ADVICE GOING BACK TO WORK ISSUES (SORRY LONG!!)

[loopyredangel]

Hi everyone,
Sorry this is long but need some advice. I have been on sick leave since January with a pregnancy related problem (dreaded SPD strikes again). I am paying made SSP, and as things aren't improving I am still entitled until July to take SSP. I would prefer to do this as a few months may make all the difference to my pelvis. The boss sent me to Occupational Health even though I explained my doctor had told me this won't heal overnight (nice to know they trust me!!!), anyway OH (who was shocked that work had sent me) has now told them exactly the same thing, he either recommends I do part time and only do aspects of my job I can do, or I get signed off.
Boss wants me to go in for a meeting next week to discuss, but they want to speak to their solicitor first.
I just hope they are not going to try and push me out. I currently have a full time contract and it's pretty obvious this isn't going to heal overnight, am I entitled to carry on with SSP until my 6 months are up, then go back to work? If I do go back part time until it heals, will that mean I have to come out of my full time contract. I am worried if that happens, when I am able to return full time they may say I am not needed for a full time role anymore.
Sorry if this sounds confusing but I am a bit worried about all of this.
Any advice gratefully received.

[clerkKent]

It is a good thing that your employer is seeking legal advice since they will be far less likely to try anything illegal. Pregnant women enjoy a high level of protection under the law and your employer will not force you to do anything you do not agree with. For example a dismissal for a pregancy related condition is automatically unfair.

You are entitled to carry on SSP, and a reasonable employer would let you return part-time after that until you were able to go full-time (probably after the birth). You should not need to change your contract if you go part-time, and you should ot lose the right to return full-time later on.

One thing to watch out for is whether your ordinary maternity leave would be paid at a part-time rate or full-time.

[loopyredangel]

Hi clerk
I went for my meeting, and they have offered part time but this would be 2 full days and a half day. They are aware that I can only do part days because of my pelvis, yet are unwilling to to consider this, a few other comments were made that I wasn't pleased about, and I just didn't get the support from my line manager! When I went to see Occupational Health they wanted to sign me off, but I didn't want that and have shown good will by saying I could still do some duties of my job. They agreed and suggested I spread the time over a whole week. Just don't know what to do next, they are pressuring me for a decision in a few weeks time when this sick note runs out - but as far as I am concerned I have still got SSP entitlement until mid July! Just feel so betrayed after everything I have done for the business, and this is the thanks I now get! They claim it would not be good for the business for me to do 5 hours a day over a 5 day week, and are concerned that if I went back on their terms I would not be able to fulfill the duties they would ask of me - just can't seem to win. Surely it would be better business practice to have me in the office over a 5 day period than it would 2 and a half days!!!! Just don't know what to do next! PLEASE HELP!!!!!!!!

[clerkKent]

Is Occupational Health a department of the company you work for, or external? Could they write a note saying it would be bad for your health to work full days? Would your GP do this?

Is HR involved (assuming the company is large enough to have an HR function)? You should certainly talk to them. They would know if anyone else is now or ever has worked short days. If there is a precedent, you have a better chance. I would also expect them to pay more attention to your health problems than management does.

Is there a union?

[loopyredangel]

We don't really have a HR as such, well we kind of do the person who looks after it, is not only on the board of trustees but is also a friend of the boss!!! We are not part of a union, and we do have someone working part time due to health issues.
THe funny thing about all this is, we agreed I would only do 4.5 hours on my return to work after maternity leave. Okay fair enough I 've been off sick - but why the sudden change of heart, just because I have been off sick!!!! I also have that in writing!

[clerkKent]

I would still talk to the HR person. They may see your point of view and will certainly have more influence over the boss.