Hi Everyone - another long post...sorry!

I was just wondering whether any of you have any experience or know the facts regarding phased returns to work and the impact of having RA on attendance management procedures.

A quick overview is that I work within the NHS at a desk job (although high pressured, involves high levels of concentration/constant monitoring of several computer screens/quick decision making etc), have an average of 37.5 hours per week, and work 4 10 hour shifts per week - either 6am to 4pm, or 4pm til 2am on a 5 week rolling rota.

I've gone back to work today after 6 weeks signed off by the docs. I am by no means better (in fact I've got symptoms in my knees/ankles/feet now that I didn't have when I was initially signed off), but I can't continue to vegetate around the house and just need to rejoin the human race again! The Occupational Therapy department at my hospital have been very supportive and recommended that I have a graded return. Occupational Health at work have also been supportive and I had a telephone meeting with them whilst off. They recommended a graded return to work of no more than 6 hours per shift initially, and certainly no more than 8 hours a shift long term. Obviously the 8 hours per shift long term cannot be accommodated in a phased return and would involve me changing my contracted hours which I suppose is a separate issue. Both of these departments have made it very clear that they can only 'recommend' these conditions to my employers and cannot 'enforce' them.

The first issue with my phased return to work is this:
When the GP signed me fit for work yesterday she indicated on the fit note that I should only do shifts of 4 - 6 hours, none of them early morning, and that this should be the case for a month (dated 7/12/10, so runs to 6th Jan 2011). She then said to come back if after the first month I felt unable to work my full shifts and she will extend the fit note. She is very much on my side and really wants to accommodate me being able to work and not being off sick. She also mentioned that work HAVE to abide by her instructions otherwise it basically gives me the authorisation to go back on sick again if they cannot accommodate me. I went to work today on a 4 hour shift and my manager proposes completing 3 more shifts at 4 hours, 4 shifts at 6 hours, 4 shifts at 8 hours, then back up to my 10 hours. She has made it clear that the workforce manager has said they can only accommodate my graded return for 4 weeks and then I will have to resume 10 hour shifts, which goes against what OH and OT have said. Also, I will be moving up to 8 hour shifts before the fit note runs out which means they'll be going against doctors orders.

The second issue is to do with the attendance management system:
This is my 3rd sickness in 12 months. The 1st sickness was a UTI, the 2nd sickness was related to RA symptoms before it was diagnosed. The 3rd sickness is the one I am just returning from. 3 sicknesses in 12 months means I am on an 'informal' where they slap my wrists and tell me not to do it again. They also have put me on a 6 month review period which basically means if I am off sick again within 6 months they take it to the 'formal' stage which involves permanent records/disciplinaries etc. I read somewhere that RA was covered under the DDA, so therefore all instances of sickness related to RA have to be treated as one...does anyone know if this is true? Basically it said you can't be penalised for sickness for anything under the DDA. So if I did go on to have a 4th absence within the next 6 months, they would not be allowed to take it to the formal stage as the last 3 absences would be connected. Is RA covered under the DDA? Or do I have to actually be registered disabled to be covered by the DDA?

I'm just worried as I don't want to be forced to go straight up to 10 hour shifts after only a month of amended shifts. The whole point of doing graded return to work is that I don't want to be knocked straight back down to square one by the fatigue and pain of going to work, and end up being off sick again. I've explained this to my immediate manager who is very supportive and totally agrees. It's just the 'system' that obviously doesn't take into account the reasons behind things like this.

Anyway, it was lovely to get back to work but I am shattered after only doing the 4 hours. I had 567 emails in my inbox after being off for 6 weeks! I think I'm going to end up spending most of tomorrow's shift going through them too.

Gem x

Dear Gemma,

So sorry to hear of your plight today. Well done for returning so quickly on the
scale of things 6 weeks is not long. I do feel that your Manager is wrong and
Rich's post as always is very informative.

I am on a graded return after nearly 8 months off and I must say my firm are being
great (see my previous post 'GRADED RETURN' )

Ring the helpline as Rich suggests tomorrow so not to worry about it unnecesary. You would
think the NHS would be more accomodating..

Good luck and keep in touch

Rose

Hi everyone

Thanks for your help. I think I'll leave it with work for the next few weeks and if I'm not getting anywhere after Christmas with any answers from them then I'll give NRAS a call. It seems to be such a large complicated topic it'll be nice to have someone who knows their stuff to talk me through it all.

Gem x

Hi Gem,

Before RA forced me into retirement, I was a Disability & Employment consultant advising companies (& public sector employers) on their duties and obligations to employees with disabilities. I have carried on this work as a Network Volunteer with NRAS to help fellow sufferers get recognition from their employer on all issues relating to employment with RA.

Rich has given you a perfect link to the Disability Discrimination Act which sets out what the law requires of employers. Unfortunately, this only takes you so far as to understand what your rights are. To get advice translated into action, you need to be able to set out clearly and concisely exactly what Reasonable Adjustments are needed to get you back and keep you in employment. To do this, you need to properly read and fully understand your Job Description. It could be that a change in your working hours is essential (commuting can limit your working day) or certain tasks should be removed from your task-list and be undertaken by a colleague.

If your employer is intransigent, you have recourse to law but you must first of all be able to prove you are disabled and this is no mean feat given the badly written DDA.

If you still need support getting back to work, perhaps I can help via the Helpline. This is a confidential service run by NRAS and it would be that a volunteer would call you to discuss the situation and consider what support you need to achieve your aims.

Robert