hi everyone,
I am 4 months post DIEP and I am doing well in my recovery, albeit, its slow. I have open wounds from complications on my tummy but my left breast is healing nicely.
I have fatigue and the most awful headaches when I try to do too much but I have started a phased return to work with guidance from my surgeons and GP.
I work for a small business, a recruitment agency, and have a full time contract. My boss was ok with 4 weeks phased return, working 3 days a week with flexible hours and being paid SSP for the other 4 days that I didn’t work. While I have been off recovering, I have accrued almost 2 weeks holiday.
Now that the 4 weeks are up, I had a GP review yesterday, who provided me with another fit note suggesting phased return with altered hours and my employer has suggested straight away that he wants to change my contract and pay me for part time hours only, despite me not having used 28 weeks of SSP. This will mean though that I do not have full time holiday accrual, and there’s no guarantee of me getting my full time hours back when I’m ready (my employer is the sort to wipe your eye! they have tried it before!)
I know he is under no obligation to facilitate a phased return if they aren’t able to but surely the alternative is me not working at all and paying me SSP only if he cannot accept the 15 hours per week with SSP?
I am working in the field of HR but it’s hazy here on what my rights are…any advice would be appreciated.
Nic x
Dear Nic
I would suggest that you give our free Helpline, 0808 800 6000, a call when they re-open on Monday morning. Alternatively you may prefer to ask this question of one of our experts on the Ask Our Nurses area of the Forum.
Please do feel free to post In other areas of the Forum where you will find support whilst you are going through this worrying time.
Best wishes
Anna
Digital Community Officer
Hi Nic, so sorry to hear that things are uncertain at work. I’ve recently had similar discussions with my boss (I have bone mets and monthly treatment) , boss suggested that I reduce my hours so i don’t work during my treatment week. Currently I take a couple of days sick leave as it wipes me out. His suggestion would put me on a reduced income.
Anyway, back to you!
You are covered by the disability act. If your GP suggests that you are fit to work on a continued phased return with reduced hours then your employer should seriously consider this and accommodate you unless there is a good business reason why they can’t. They have already done this for your first 4 weeks so should be no reason why that can’t continue. You could suggest that you gradually increase your hours week by week so you are back to full time at the end of the 4 week period if you’re up to it. (I work for a schools trust and they allow a max of 8 weeks phased return on full pay if you work at least half your usual hiurs).
Then of course there’s your holiday which you could use one day a week so you work 4 days for a period. So that would give you 2 or 3 months on reduced hours.
Obviously small businesses may struggle to accommodate this but you have had cancer, you are entitled to sick pay and to take your holiday.
If boss insists that you are contracted to reduce your hours suggest that this is a temporary change of hours for a set period of time.
You may be able to claim earning support allowance - they let you work up to 16 hours per week with a max of £125 earnings.
Do get more advice fro the BCC, Macmillan and ACAS helplines.
Best of luck x