where do you stand if you have 27 days of work ill (depression) , in a year and are given a warning?

Question

A friend was off work for depression for 27 days last year and only had 5 days off so far this year. She was called to a disiplinary meeting the other day.
She had a union rep with her but she was still given a verbal warning and told , that if she has even 1 day off in the next 6 months it will be a written warning. This all started after she put in for time off over christmas.
Are they allowed to do this ? or does she have a case against them ?
Hope someone can help

I should word this better.
She was off last year(2006, she worked xmas) for 27 days depression caused by stress at work.
She went back ,ever thing was fine ,she has had a total of 5 days off this year (2007) , for differant reasons.
She put in for time off over xmas this year(2007) as she worked last year over xmas.
She was declined which is annoying but she can live with it.
That was 3 weeks ago and things were fine, then out of the blue she was called to a meeting and given the warning and told it was because of the 27 days off in 2006.
thankyou all for your feedback

Answer 1

sadly my friend she stands alone, this is the price we have to pay for letting the goverment distroy the collective support of unions

As to the idiotic comment about "the TEAM being let down I am ashamed to even see such comment with regards to a fellow TEAM members health it surely shows which side of the fence this chap is on
This term TEAM is misunderstood the TEAM is just a phycological way to make you feel you owe the other members and in so doing work your A** of trying to prove you are the Top Team member which in turn means you are not part of that team you see yourself as the leader of a team LIke our friend who made the Team comment

NO job on earth is worth damaging your health for but sadly some of us have no choice but to try and carry on because we are all trying to keep up with the debts our modern life style brings with it

My advice go to your GP tell him/her what is happening and the worsening effect it is having on your depression this will at least ensure your health is being looked after
Sadly the only person that truely understands the devistation of depression is someone who has suffered it and the comment "get help ASAP " could only be made by one of the Pull yourself together brigade
Do they realy think people just lay back and enjoy depression I would rather have had my leg amputated and I mean it because at least you know that in a few months you will be back in controle of your life all be it with a disability

It is high time we had anti discrimination laws to cover the mentaly ill once again this is the price we are paying for the lifestyle we have been introduced to and most firms just see you as a replaceable commodity to be used burnt out and replaced at will but these same people are complaining about the amount of money it costs social security

I hope your Doctor is the understanding type and rrealises that dpression is an ILLNESS all I can say to you is it CAN be beaten and you WILL get better but this kind of threat from your employer does nothing to speed this up and in my opinion borders on harrasment

Good luck as one who has suffered You have my sincere best wishes for a speedy recovery but for Your sake NOT theirs

Roger L

Answer 2

I have been suffering from post partum depression for the past one year when I gave birth to a baby boy. I couldn't stop thinking about how my husband loves him more than me and how things might be better if he wasn't born at all. Thus, I stayed away from him because I knew that I might do something I will regret for the rest of my life.

Almost instantly I went to a therapist and convince them that I need help. Among other things, I've tried herbal supplements and other book to treat depression but nothing works like the Depression Free Method. So now I'm proud to say I'm one of the happiest mother in the world. My husband loves us both very much and I thank the Lord for the blessing he gave us.

Depression Free Method?

Answer 3

You state that she has had 5 days off THIS year - so they are not relating this back to the 27 days she missed last year. They are looking at the days in this calendar year.

Most employers consider excessive absences to be a reason for counseling, warning, and even dimissal. An employer has a business to run, and an employee who is unreliable is detrimental to their business. I have worked for many employers who give a verbal counseling after as little as three absences.
A doctors note - in the absence of being an applicable FMLA illness does not preclude an employer from counting the absences.

Answer 4

She seems to have the right help at the moment (ie, the union rep) but sometimes when people work for big corporations, even union reps can't do a thing. I suggest she walks out with dignity rather than being "escorted off the premises" as a friend of mine was. He too had union representation. I'll bet you her employer is a City Council.

Answer 5

If she's been diagnosed depressed and it's gone past a certain number of days of having it, I think it qualifies as a disability. Will her doctor say so? Then, does the job know that she is disabled? You'd have to look those rights up, but there are a lot more protections given under the ADA & Civil Right Disability laws. Tell her to contact the EEOC, they can inform and advise her on this.

Answer 6

I have battled depression on and off for 6 years now, and have had little to no luck working outside the home. Since I live in a right to work state, the employer can do pretty much as he pleases. Hopefully, if worst comes to worst you could request some time off for treatment.

Answer 7

They are going by the correct procedure, 3 warnings and you're out.I suffer from clinical depression, so sympathise with your friend.After the written warning they can get rid of her, even if they finish her on grounds of being unfit to work.
Lots of people throw a sicky over Christmas so they can go shopping.Difficult for the employer to know who is genuine I suppose.Even a doctors note may not be taken seriously.

Answer 8

well if i am reading correctly between the lines she wanted some time off and was denied it and so she went to the doctor and claimed depression so that she didn't have to go to work.
If this is the case then she doesn't have a leg to stand on because the office will have her request for this time off at the same time that she claimed sickness. No disciplinary hearing ( if it went this far) would accept that she didn't have ulterior motives for seeing a sick note from the doctor.
Even if this isn't the case then they are legally allowed to do this as there are limits to the time someone can have off sick. If you have too long off you can get fired legally.

Answer 9

Look at it from the employer's side. Your friend is lucky enough to have a job. She is part of a team, and it seems obvious that the team is suffering due to her absences. Depression is serious, granted, but she must realise that it has to be a temporary situation, and she is duty bound to find a permanent cure ASAP.
27 days is one working month. A lot of time off in anybody's standards.

Answer 10

Has she a contract of employment that she can refer to. Advise her to speak to human resources at work so that she can clarify her position on sickness entitlements.

I'm sure that things can be talked through to every ones satisfaction.

It is important that she keeps a diary of all this so that she can refer back should things get messy.

She also has to realise that most employers would think she was taking a lend of them in her circumstances.

Some employers do have difficulty in separating holiday entitlements and sick leave.