Can I Be Fired For Taking Time Off Due To Stress?

Hello,

This is my first posting to this forum and I was wondering if the good folks here could give me some advice?

My mum has cancer and has been given 2 - 3 months to live. I've told my management about it has asked if they could
give me some time off so that I could spend some time with mum before she passes, but where I work I have such unfeeling
and uncareing managers, that thier attitude was You can take some time off, but it'll have to be unpayed or use your holiday.

The only other way of doing it is talking to my doctor and asking to be signed off work due to stress. This wouldn't be a lie because
I AM very stressed with this situation. (as anyone would be!)

Another reason I feel I need to take time off is because my dad is very emotional and is finding it very difficult to cope and needs my help
and company. He get very lonely. I told my dad about my plans to get sign off (by the doctor) for stress and he would appriciate the help
and company, but he's also worried about me getting fired from my job.

My question is this: Can a company legally fire you if you take time off (2 - 3 months) for stress? Even if they know the reason for it?

I was talking to some work colleges who have suffered loses of loved ones and they say they can't

Can anyone give me some concrete advice?

Thank you.

I can't offer advice on your query, but it looks like Citizens' Advice is operating by phone and email, so you might want to try them or similar. Other here might have more knowledge about your rights and options in this situation. Heartfelt condolences.

Welcome to the forum Paulm1970

Sorry to read of your situation and it is very clear that you are under a great deal of stress.

I doubt you can be dismissed for being ill (stress is an illness with real physical effects).

Speaking to your GP about a note would be a wise course of action in the first instance. You can then decide whether you use it with your employer or not.

The following might be a useful read to get you started

https://www.citizensadvice.org.uk/work/leaving-a-job/dismissal/check-if-your-dismissal-is-fair/

Citizens Advice Bureau wrote:Check if you’ve been dismissed for a reason that might be fair
If you’ll have worked for your employer for at least 2 years when your job ends, your dismissal must be for a fair reason.

There are 5 legal reasons for dismissal that are ‘potentially fair’. This means it might be fair if you were dismissed because:

you’re not capable of doing your job - for example because your performance is poor or you’ve been off sick a lot

Now the meaning of off sick a 'lot' requires further clarification here.

If your GP were to write a sick note for the whole period that you need, then I think you could reasonably argue that you had just one period of sickness and not several. The sickness was not ongoing. I am not an expert, so that point needs to be clarified with someone who is.

Thanks for the replies Gallazz and Caker.

I've made a telephone appointment with my doctor for Monday morning.

I'm going in to work on Monday and go to a quiet spot to take the call.
I'm going to tell the doctor everything that has happened and how stressed I feel
and hopefully he'll sign me off. If that's the case (and I hope it is) I'll go to see my
manager and tell him what the doctor said and I'll go home to be with Mum and also
to look after Dad.

Hi Paul

There are other options open to you outside the sick note regime, such as flexible working, part time hours etc.

https://www.peoplefirstinfo.org.uk/looking-after-someone/balancing-caring-with-work-and-education/juggling-work-and-care/

a right to ask for flexible working; for example, to work part-time or flexi-time, or to do some or all of your job from home

If you feel that you need more help with your role as a carer so that you can stay in employment, you can request a carer's assessment from the council. The council will look at whether you are eligible for support in your caring role. You can also request a Community Care Assessment for the person you are looking after.

https://www.peoplefirstinfo.org.uk/looking-after-someone/balancing-caring-with-work-and-education/your-rights-in-the-workplace-as-a-carer/

If you are looking after someone who is older or has disabilities you are protected under the Equality Act 2010 against direct discrimination or harassment because of your caring responsibilities. This is because you are counted as being 'associated' with someone who is protected by the law because of their age or disability.

If your request for flexible working has been refused contact the ACAS Helpline which provides free and confidential employment advice.

Carers UK have advice and information on your rights in the workplace as a carer, and maintaining a balance between work and your responsibilities as a carer. They also run an advice service and telephone advice line on all carer issues.

You cannot be fired!  

I agree with Absolut.

Information regarding compassionate leave and the legislation.

The government states that all employees (including casual staff) must get a reasonable amount of unpaid time off work to deal with issues involving family and other dependants.

https://croner.co.uk/resources/leave-absence/managing-compassionate-leave/

Carers Allowance
https://www.gov.uk/carers-allowance

Great advice and I have learned something there.

Cheers.

Hello,

I phoned my manager this morning to explain how short time Mum has left and he said what the company procedures were. He said the company only allow ONE day off to attend a funeral or a further THREE days off if you're organising a funeral. How the hell can FOUR days max be considered compassionant/bereavment leave? Who the hell gets over the loss of a parent or loved one in such a short space of time?

Since my last past, I canceled the doctors appointment that I had because I thought my company would allow a decent amount of time to grieve. Boy, was I wrong!! I think I should rebook the doctors appointment and tell them the situation (especially the part about how short time my company thinks you need to grieve). I think I'll phone up the receptionist and explain the situation rather than making an online booking.

Thanks.

Bereavement and/or leave for a funeral has nothing to do with their duty to reasonably offer you flexible or part time work while you are the main carer for your parents. I think you should get a sick note and then ring up one of the free helplines to see what further support you can get to force your employer to comply with the law.