Absence Policy at work

So to cut a long story short I am 25 and am close to being diagnosed with a inherited heart condition that both my dad and granddad suffered from. My doc has signed me off work on two separate occasions now and I had some time off for man-flu but according to policy if I have 3 unauthorised absences in 12 months I am subject to a disciplinary.

If there is a further 2 occasions in 6 months then a written warning, and a further 2 in the next 6 months can lead to dismissal.

My question is if my doc says I am too sick too work that he feels the need to sign me off as unfit to work at all then surely my company are breaking the law? I mean the stress of a disciplinary could cause my cardiac problem to flare up as I already at increased risk of heart attack. My doc seems to think something is amiss with this policy. I could understand if I was off every Monday with hang-overs etc as some are in my office.

Any advice?

[Swin]

I'd probably start with the HR department and lay all my cards on the table, you never know, they might actually be open to a friendly approach and be able to accommodate any absences you incur if they know that you have a genuine medical reason - at least then you can say you have tried the reasonable approach too

Unauthorised absence is when you don't tell them? So surely if doc has signed you off it's an 'authorised absence'

[Swin]

Yeah, Unauthorised Absence would be like chucking a sickie on Monday due to a hangover, as Davy mentioned - so if they know of a medical condition beforehand and that he is under the doctor it can't be UA any more

It can become very difficult to dismiss someone for illness and they'd have to be careful or they'd leave you open to take them to tribunal for unfair dismissal

[Bri w]

Unauthorised used to be self-certified, e.g. the Monday morning syndrome you mentioned. However, it seems to be a growing trend to to call an absence they haven't authorised, even Doctor certified, as unauthorised.

Yes, self-cert is classed as unauthorised.
Doctor sign off is classes as unauthorised
The only authosised absence is annual leave.

I called my boss on both occasions and told him immediately after my appointments that the doc had signed me off for such and such reason and when all my follow up appts are even when I'm returning but it is still classed as unauthorised

They have said they will help in any way they can but anymore absences will also be classed as unauthorised therefore leaving me open to disciplinary.

Fair point made though they can't dismiss me because of a genuine illness.

Document and record everything and if they want to do any formal discussions ask if you can have someone else present.

Write down dates, times, and what was said now, it'll put you in a much better position if the worst does come to the worst.

Originally Posted by daveyrach

Doctor sign off is classes as unauthorised
The only authosised absence is annual leave.

I would have thought that the statutory rights are that a doctor sign off is authorised (certainly has been everywhere I have worked). Therefore if they are saying this it would be a contractual issue, and you have a case for unreasonable terms (not sure of the legal name of this, but it essentially means that stupid terms, like Apple owning your house because of small print when you bought something off iTunes, are unreasonable and therefore not legally binding). It would be unreasonable to expect all employees to never be sick more then 3 times in the time they work for a company.

Also given you spoke to your manager and he has, I assume, said ok, then I would take that as authorisation.

[Swin]

I would also take pains to find out if this is company policy or just your boss being a selfish douche