The situation:
I've worked for my current employer since Jan '05 (some here may remember my joy at getting a job in a Honda Garage!).
End of July '05 my knee collapsed resulting in five weeks off and my return to work having to use a crutch to walk (but still having one hand free I could carry stuff and still do my job).
Had a day off in Sept '05, two in Oct '05 - both knee related (bad days, locked up, couldn't walk at all etc).
In Dec '05 they gave me a written warning for "Unreasonable Levels of Sickness" (the implication being that I could not give them a definate date when I'd be 'fit' so they were wanring me for time I 'may' still have off in the future). This I fought through the companies own procedures and won. Warning was withdrawn.
In mid Jan '06 I developed problems with my shoulder because of the strain of using a single crutch for so long = two weeks off, during which I had the first op on my knee to stick a camera in and have a look around. This got infected, Sepsis, resulting in some 'interesting' moments with my pulse and temperature!
There is still some residual infection under the joint which basically means I'm on two crutches now and have not yet returned to work - so, a further 8 weeks to add to the 5.5 already taken.
All of the above has been certified by my Doc.
My manager now barely speaks to me when I phone up every week (as per company procedures) to let him know that there's no change to my situation. In fact the past few times he can't seem to get off the phone quick enough, he's normally a very friendly guy by the way.
I post my certificates in now and just keep my head down wondering if they are simply too nervous to fire me over the phone! I mean lets face it, even though it's down to a single injury rather than multiple reasons, it's still a hell of a lot of time off when I've barely worked for the company 15 months. I wouldn't blame them.
What I don't know is can they do that - just fire me over the phone or by letter? Or do they have to wait until I actually return to work?
It is stated in my contract's Terms and Conditions that 'Unreasonable Levels of Absence' come under Gross Misconduct.
I'm not losing my head over it, what will happen will happen, and to be honest I'm more concerned about the prognosis for my knee that my job. But I have started a course to become an acredited bookkeeper as a back-up - just in case I end up having to lead a more sedate life in an office (yerch).
I'm curious more than anything and have feck all knowledge of employment law.