Employment Law - Help!

[Octavius]

My wife is 4 months pregnant and for the past 2 days has been sick and has phoned work in the morning on both days to say she is ill and won't be able to come in.

Due to work pressures and under-staffing, her boss is getting tetchy and has insisted that my wife provides a doctors certificate.

My wife has been with the firm for about 4 and a half years and in that time has probably had three or four sick days a year. A colleague who has recently left to go on maternity leave was treated differently as there was more staff then. Since being pregnant, the only time my wife has had off has been for a scan and midwife apptmts, but never a full day.

My wife is getting a bit stressed at home ( to say the least) and I feel like talking to her boss directly and asking her why she is putting undue stress on my wife, although I probably won't unless my wife asks me to.

So, please can someone tell me what the general rule is about sick leave and doctor's notes (she is going today anyway, but I still want to know)? I have spent the last 45mins trying to find something precise on the net but to no avail. Consider for the moment that her contract is a general standard.

Cheers
O

[beryllium]

Hi Octavius, would ACAS be of any use for info, this is their no: 08457 47 47 47.
I always was under the imression docs dont give sick notes until you have been off for 5 days. Of course, your wife could now go and ask to be signed of until she feels good again and that would really make her boss tetchy, and she could do nothing about it. And after all, she did ask for a certificate.
Sorry I cant help on the legalities of contracts. Might be worth you dogging out your wifes contract and see how that reads on sickness.
Do wish you all the very best, and please make your wife some ginger tea or ginger cordial. It should help with the sickness :-) xx

[beryllium]

*impression*

[Octavius]

Thank you both.

I have calmed down a bit now, although I thnk the wife is sitting at home feeling a bit unloved by her bosses. She has been to the doctor who couldn't believe the audacity of the boss and has signed my wife off all of next week.

I just wanted to be sure of my facts before I stormed in and lynched her boss, or at least made it absolutely certain that she should not unfairly tamper in the lives of Mr & Mrs Octavius (and bump).

Cheers again.

[Miss Zippy]

What does your wife�s contract say about the provision of a doctor�s certificate? Whilst it is not enshrined in any employment legislation, it is generally the case (and these are the guidelines the Department of Work and Pensions adhere to when assessing SSP claims) that employees may self-certify themselves up to 7 days but require a doctor�s certificate thereafter. Your wife�s employer should tread carefully otherwise their actions could breach sex discrimination laws; would they insist on a sick note from a male employee after only two days' absence?

[Champagne]

Hey Octavius. Assuming your wife doesn't have something written up in her contract relating to sick leave, then UK stipulates that a doctor's certificate is only required after 6 days of absence. Up to that point she should only provide a self-certificate (if the company doesn't provide one then it is simply a scribbled note stating that she was off from xxx to yyy with zzz illness, nothing more). Most doctors will not provide a certificate before the 7th day, or if they do, they charge for it.

Most employers, especially smaller firms, don't have a blinkin' clue! I've argued this point with an ex boss before now and I refused to back down until he changed the staff process for sickness because it was blatantly illegal. So long as your wife knows her facts then they can't do anything.

[Champagne]

p.s. I'm now working for the HR department for a large and well-known UK firm, so if you want any future HR advice just let me know and I'll find out for you. xx

[redcrx]

Octavius,
As far as i recall from my pregnancy, sick days are to be treated exactly the same as any other sick day when not pregnant.
The only difference i remember is that should your wife continue to take days off sick (I hope she recovers soon) that her employer can ask her to start her maternity leave early.
As Im sure youre aware, time off for scans, antenatal appointments and hospital appointments must be allowed.

[Miss Zippy]

Re. redcrx's point about starting maternity leave early at the employer's request, an employer can only request this in the four weeks leading up to the expected date of birth.

[OBonio]

Her boss is being cheeky. And well outside their rights. As beryllium says, get the GP to sign her off. Chances are she'll be signed off long after she feels well enough to go back....

[ytrewq]

A girl where I work has been off sick since she found out 6 months ago she was expecting and received full pay for all this time.