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** PLEASE RESPOND ** - every post might help me!!

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2

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  • I don't think there can be a policy which states that disabled employees should be given less hours if they request it. It might be something that can be considered as a "Reasonable adjustment", but there is definitely no onus on the employer to accept it - even if every doctor in the land is supporting you!

    The way it was described to me is this:

    It all depends on the service delivery and how your role fits into this. If the service you provide can be adjusted/re-arranged over 4 days, instead of 5, then you will probably be successful in your applicaton.

    However, if working 5 days cannot possibly be adjusted down to the 4 that you wish to work, then you might be able to suggest job share, or giving less qualified aspects of your role to someone else to do, thereby perhaps freeing up to one days' worth of work (if you see what I mean?) etc. etc. Then you will probably be successful in your application.

    But if your 5 days CANNOT be condensed into 4 and if there is NOBODY who can take over part of your role or share it with you in some way, then your request will be rejected.

    Saving money for the employer is always a factor, especially now with the Government having to save money - but my tiny little wage won't make an iota of difference on the national debt and, in the big scheme of things, on a local level any costs that I save my employer won't mean much. They are only interested in how they can keep their service ticking over and if I am considered to be blocking this process by even a 'smidge', then they will find ways to reject my request.

    As I said before (I think), there is nobody else in our local authority who does my job, which is a shame as I might have had more flexibility then.

    By the way, I have just returned from seeing our "Equality & Diversity Manager" who has given me some advice. He was very helpful and has clarified how I can complete the form more successfully.

    More importantly, though, he talked about our authority's "Supporting Disabled Employees at Work Policy" which I never even knew about. He said my Manager or someone in Human Resources should have given me a copy of this ages ago (which they didn't). It has a form at the back to request "Reasonable adjustments" and he has told me to complete this first - saying that I want to reduce my weekly working hours and why. Then, I can complete the other form (that my Manager wants back asap) in support of my request on the first form. Does all that make sense? I hope so.

    Anyway, I feel alot better now. I know now what I am going to say in the first form for reasonable adjustments and then I can complete the 'reduced hours' form as a back-up. Doing it this way, he said, makes them know without a shadow of doubt that it's disability related and should be viewed a little more favourably than just submitting the one form.

    Phew! I am so looking forward to my holiday now. I'm not even bothering to complete my forms until I get back now (as I'll have one week to play with before I need to go back to work).

    Thank you ALL so much for your very valued comments - I only hope I can return the favour to someone else.

    Bye for now - I'm nearly off on my jollies YAY!!!
    SUE
    2 x Microdiscectomy 2005 / PLIFusion 2-level 2010 / revision surgery 2011 / NEVRO Senza spinal cord stimulator implanted February 2013. I WILL NOT GIVE IN / UP !!
  • dilaurodilauro ConnecticutPosts: 12,807
    enjoy the time with your daughter. As the years go bye, it is so important and rewarding to spend time with our children.

    In terms of work, reduction of hours, etc. I really cant comment on how the system works in the UK.. And I guess quite frankly, I can't comment on how the system works here in the USA.

    I've been through the reduction of hours, limited work, etc for almost 32 of my 35 years with IBM.
    Big companies will do almost everything to keep their valuable employees. From 1978 till 2000, I had about 3 1/2 years of "absence" time due to surgeries or flareups. The company always stood behind me.

    Now, in the 2008+ years, the economy has changed, rules are somewhat different. Companies have rules and policies regarding your situation. But honestly, here, I know that if they want to keep you and abide by your restrictions, they will do so...
    But if for whatever reason they dont want you around, they will find ways to eliminate you from their workforce.

    I know that sounds cold and harsh, but in reality it is so very true.

    I do wish the best for you while you are trying to figure out just how to proceed.
    Ron DiLauro Veritas-Health Forums Manager
    I am not a medical professional. I comment on personal experiences 
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  • http://www.dol.gov/compliance/laws/comp-fmla.htm

    This is guidance on what I think might help you, it has been a lifesaver for me. FMLA is a form you and your doctor fill out and provide the employer. It affords you up to 240 hours of sick leave (your saved sick leave of course) and 240 of LWOP that they MUST let you take as needed and cannot say a word about it. I did it, and have re-filled the form for the past 3 years. I never needed it before but with this new boss and these bitches I work with I felt the need to protect myself. It is a good option. If you need the forms, I can e-mail them too you, PM me privately and I will send them to you VIA e-mail. I fear that even after 31 years of dedicated service out here, without this little piece of paper, they would have forced me into a medical that I simply cannot afford. I'd lose over half my wages and I've worked too damn hard and long towards a good retirement to let some gov beaurocrat do that to me! You have to take care of yourself, nobody else really gives a shizzle. Take care doll!!
  • You are in the UK? I didn't realize that, I'm sorry, so I'm unsure if this would apply to you, but I would think you would have something similar. I will do some research today and see if I can find anything o.k.
  • http://www.uky.edu/HR/emprel/fmla.html

    http://www.ehow.co.uk/list_5996531_fmla-employer-responsibilities.html

    http://www.amazon.co.uk/FMLA-Revealed-Understanding-Leave-Requirements/dp/1590421523

    Hope some of this might help? I don't have time to go thru it all at work here and see, but hopefully you might get something useful. The first link looks to be the most informative to me.
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  • do you have an occupational health department? Ive found them fantastic when it comes to "reasonable adjustments" which include reduced hours.
    L5/s1 discectomy & decompression 2009
    ALIF l5/s1 2011
    Awaiting X-ray & consultant to see if fused, but experiencing a lot of pain again :( 2013
  • Mouse and Glassback. To answer your questions:

    1. We don't have FMLA here in the UK - but we do have protection from the Equalities Act of 2010 (formerly the Disability Discrimination Act). In the UK a person is considered 'disabled' if: their impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities. This could be physical or psychological.

    2. For example, I am allowed 'disability' leave when I have hospital appointments, but if I'm off sick due to my back condition, i.e. if I am not FIT to work, then it is classed as 'sick leave' and NOT 'disability leave'. This always confused me, because I always thought being off with back pain WAS due to my disability, therefore, why isn't it classed as 'disability' leave - but hey, what do I know about the term and how employers interpret it. They seem to make up their own rules as they go along!

    3. Glassback - I do agree, our Occupational Health doctor has been so helpful to me. It was HIS suggestion that I drop a day at work and, hopefully, if necessary he can write a supporting letter if it's needed. My doctor will also do this.

    So there are lots of professional people looking after me - including my own surgeon's team. It's just my direct employer I seem to be having problems with. Alot of it is because she "has never had anyone like me before" (her words, not mine) and so, I suppose, she is learning how to deal with someone with a physical problem. It's just that, sometimes, I feel like I'm a guinea pig to her because she has made numerous mistakes along the way and I don't want to lose my job because of her incompetence with following their own protocols and policies.

    I also have SH supporting me - which is brilliant and I thank you all - your comments have really helped me.

    GONNA DO SOME PACKING TOMORROW AND OFF I'LL BE!!!!!
    Yippeee, or should I say "Yi-Har" as we're off to America on Monday.

    Thanks again y'all xx
    SUE
    2 x Microdiscectomy 2005 / PLIFusion 2-level 2010 / revision surgery 2011 / NEVRO Senza spinal cord stimulator implanted February 2013. I WILL NOT GIVE IN / UP !!
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