Disciplinary action from work due to migraine

LegacyUser

Hi,

I just received a formal warning from work as I have missed 9 days in the last 12 months due to migraines. I am quite worried that I will lose my job over this.

What can I do about this? I am doing everything I can to minimise my migraines, I avoid my triggers, I keep an eye out for the warning signs. Not much else I can do in that regard.

Would a letter from my doctor stating that he is treating me on an ongoing basis for migraines help this situation?

dudara

I get 3 days sick leave per year, and if I exceed that, then my contract states that I must provide a doctor's certificate. I am surprised that you have taken 9 days without providing any justification.

So yes, I would definitely get a letter from your doctor.

BTW - what does your contract say around sick days?

gerrycollins

can i assume the days were taken one by one.

it would be good practise to give you a verbal warning and it would probably not go any further if you produced a doctors note.

Even though you were never obliged to give a sick note because no time off exceeded the 3 days you were out with the same condition every time. You have to show your boss that you are taking steps to "prevent/treat" your condition.

nicegirl

gerrycollins wrote: »

can i assume the days were taken one by one.

it would be good practise to give you a verbal warning and it would probably not go any further if you produced a doctors note.

Even though you were never obliged to give a sick note because no time off exceeded the 3 days you were out with the same condition every time. You have to show your boss that you are taking steps to "prevent/treat" your condition.

If the days were taken one by one over time, then the advice above would be correct. If however, you were sick for 3 days or more, then it may be possible for your employer to give you a verbal warning if you did not produce a sick note from your doctor.

However..... did your employer tell you in advance in writing about a disciplinary meeting taking place with you with regard to you being sick? Did your employer give you the opportuninty to have a Union rep/or work collegue present at the disciplinary hearing? If your employer did not provide you with the opportunity to have a Union Rep/or work collegue at a disciplinary hearing, regardless of the disciplinary issue, then you employer would be in breach of SI 146/2000, The Disciplinary and Grievance Procedure.

Get a letter from your stating you suffer with migranes, give it to your employer. If your employer did not give you the opportunity to have a Union rep/or a work collegue present at a Disciplinary meeting, then state the above to them, as they would be in breach of this, and you have the right to appeal your verbal warning, as the proper employment procedure was not followed in terms natural justice.

I hope this helps and good luck.

wmpdd3

I would reccommend submiting a doctors letter detailing your ongoing treatment for the condition. Does your contract mention an absence policy? Has anybody else in you company had their absence managed?

Your 9 days represents 3.75% of your contracted days (if you work 5 days a week), where we work you would have a warning by now but that is covered with each new employee in induction.

DM addict

I sympathise greatly. I also suffer from migraines and was never given sick pay in my last position. In fact, I was called to a disciplinary hearing because I was unable to come to the phone in person to talk to my manager so had my boyfriend do it. Apparently, all sick calls must be made in person, even if you're sick with a phono-sensitive migraine. Stupid ****ers.

gerrycollins

nicegirl wrote: »

If the days were taken one by one over time, then the advice above would be correct. If however, you were sick for 3 days or more, then it may be possible for your employer to give you a verbal warning if you did not produce a sick note from your doctor.

However..... did your employer tell you in advance in writing about a disciplinary meeting taking place with you with regard to you being sick? Did your employer give you the opportuninty to have a Union rep/or work collegue present at the disciplinary hearing? If your employer did not provide you with the opportunity to have a Union Rep/or work collegue at a disciplinary hearing, regardless of the disciplinary issue, then you employer would be in breach of SI 146/2000, The Disciplinary and Grievance Procedure.

Get a letter from your stating you suffer with migranes, give it to your employer. If your employer did not give you the opportunity to have a Union rep/or a work collegue present at a Disciplinary meeting, then state the above to them, as they would be in breach of this, and you have the right to appeal your verbal warning, as the proper employment procedure was not followed in terms natural justice.

I hope this helps and good luck.

while been insensitive, you can still be disiplined for mulitple certified sick periods. obviously it depends on the illness and a bit of sensitivity is required.

viconia

I suffer severely from migraines and have a "permanent" sick note with HR. It basically is a note from my doctor that says "This person suffers from Migraine".

So When I take uncertified days it covers me (because 100% of the time it's because of migraines), and if it goes on past 3 days, then get a sick certificate. My manager and HR are aware of the issue and I think i nthe last year I took about 2-3 weeks of sick leave based on migraine alone (not including the fact that I got the flu for another period aswel!)

Get a letter from your doctor like that and you're covered.

Eoin

viconia wrote: »

I suffer severely from migraines and have a "permanent" sick note with HR. It basically is a note from my doctor that says "This person suffers from Migraine".

So When I take uncertified days it covers me (because 100% of the time it's because of migraines), and if it goes on past 3 days, then get a sick certificate. My manager and HR are aware of the issue and I think i nthe last year I took about 2-3 weeks of sick leave based on migraine alone (not including the fact that I got the flu for another period aswel!)

Get a letter from your doctor like that and you're covered.

You're not necessarily covered. Just because you have documentation to back-up that you're genuinely on sick leave, it doesn't mean that the company can't take action if they feel that you're not in a position to be able to carry out your duties.

tenchi-fan

DM addict wrote: »

I sympathise greatly. I also suffer from migraines and was never given sick pay in my last position. In fact, I was called to a disciplinary hearing because I was unable to come to the phone in person to talk to my manager so had my boyfriend do it. Apparently, all sick calls must be made in person, even if you're sick with a phono-sensitive migraine. Stupid ****ers.

You should get your boyfriend to make the call, explain the situation, and then offer to hand the phone to you

bbam

eoin wrote: »

You're not necessarily covered. Just because you have documentation to back-up that you're genuinely on sick leave, it doesn't mean that the company can't take action if they feel that you're not in a position to be able to carry out your duties.

Indeed... we have a nasty line for employees.... "Your cert explains your absence, but it doesn't excuse it"

That one raises a few eyebrows and I must admit I've only really used it for people who I thought were taking the p1ss.

nicegirl

eoin wrote: »

You're not necessarily covered. Just because you have documentation to back-up that you're genuinely on sick leave, it doesn't mean that the company can't take action if they feel that you're not in a position to be able to carry out your duties.

I am not sure about this. I suggest OP that you speak to an employment solicitor, and find out if migranes are recognised as a disability under employment law. As far as I know, you would be covered as having a disability, but check with an employment solicitor under the definition of a "Disability" just to be sure. (The first consultation with a solicitor is usually free, but check before you make an appointment)

If migranes are recognised as a disability, then your employer is obliged to provide you with "Reasonable Accommodation" with regard to the tasks you do, flexi time etc. If you are covered as having a disability, then I suggest you get a letter from your doctor, stating to take into account you suffer with migranes, and to take this into account with regard to your job, and to request "Reasonable Accommodation".

Your employer is then obliged under the Disability Discrimination Act to provide you with Reasonable Accommodation. If they don't, they are in breach of this act, and you could raise this issue with the Equality Tribunal!

Should your employer decide to take disciplinary action with you with regard to you being sick, or on sick leave, you are entitled to have it in writing, have a work collegue, or a Union Rep present, and if this opportunity is not provided to you, they are in breach of the Disciplinary and Grievance procedure, and no matter if they give you a verbal warning, they are in breach of the procedure, you can appeal the decision on the above basis.

Best of luck to you

Eoin

Good point, but I did say "not necessarily covered". A lot of people seem to think that that their employer can take no action at all if they're off sick regularly once they have a sick note, which was why I posted it.

nicegirl

eoin wrote: »

Good point, but I did say "not necessarily covered". A lot of people seem to think that that their employer can take no action at all if they're off sick regularly once they have a sick note, which was why I posted it.

Thanks Eoin, and I respect what you saying. BUT, If migranes apply under the Disability Discrimintion Act, then the OP is covered, which is something I could ensure the OP is covered with, with confirming with an employment solicitor. If the OP suffers from migranes, and it is a disability under the Disability Discrimintion Act of 1995, and 2005, then their employer has certain responsibilities under this Act to provide the OP with Reasonable Accommodation.

LegacyUser

Hi, OP here.

I didn't even notice that my thread had been posted up! I didn't see it, so I thought that I hadn't properly posted it. Thank you so much for the replies, they are very helpful.

I have a meeting set with HR this afternoon about the sick leave.
I got a doctors letter saying "OP gets migraines". So I can bring that with me.
I shall offer to work up any time missed over the allowed amount of sick leave.
I also talked to the Migraine Association, they told me that the WHO lists migraine as a disability, so I can have that information on standby.

I am hoping that my company are just ticking procedural boxes. "When employee takes X days off, do Y". Apart from the migraines, I am a good employee, I think. If I am physically capable of attending work, I'm there.

Do you think that bringing some information about migraine might help? If no one in HR gets them, they may not actually understand how horrible they are.

jor el

Last post approved, sorry about the delay but this forum is undergoing some change of moderators. Bare with us please...

Eoin

No harm having that information handy. If it is considered a disability under Irish law (you probably still need to confirm that?), then they might want to know what they need to do to accommodate you. I can't even imagine that they're like to deal with, best of luck with everything.

Actually, I might be able to get a solicitor's point of view on that, if you're stuck. Let me know.