UKH

I'm signed off for the next two weeks following a rotator cuff op where they also sorted out some arthritis. I'm permanently in an abductor sling for the two weeks, meaning that my mobility is limited.

My employer (actually just an individual above me in the hierarchy) has decided that I cannot fly to France to be with wife during the recovery period. I think it's down to a belief that I'm trying to get free holiday - it's not. They've not given me anything formal saying I cannot fly, and there is nothing in HR policy or my contract to cover their decision.

Any idea what would happen if I just got on a plane, and returned prior to the end of my sick leave? 

PS - I work in Saudi, but the firm is majority British-owned.

In reply to steve taylor:

It depends on your job. You can go to France, but not your local office? 

In reply to steve taylor:

I'm not an expert but I would warn against it. You have asked and your employer said no. If caught, you might end up with unauthorised leave eg; not getting  paid for 2 weeks and a disciplinary.

And a soured relation with your employer..

In reply to summo:

If the doctor has written they are not fit for work should they be allowed in the office anyway?

When I busted my arm I wasn't allowed anywhere near the office until I had a fit note to say I was okay. They didn't care where I was, as long as I wasn't on their premises. All sorts of liability issues if I did more or long lasting damage due to being in work.

In reply to steve taylor:

I suppose it depends what your job is a how much a rotator cuff injury will impact of your job. If the job is physical and you obviously can't do it because of the injury they you surely have a good reason not to be in work and could speak nicely to the boss.

If you are a pen pusher then I could potentially see the boss' position as they may want to offer you a period of reduced duties/adaptations so you can still complete your tasks.

In the modern world of computers and communication it would be very easy to get caught out if you did just decide to wing it.

In reply to steve taylor:

Ah, the office politics of envy. If you aren't coming to work anyway, what possible difference could it make to your boss?

Unless there's admin or other costs to the business that would be incurred by you going? That would change things 

Otherwise, I would try to reason with your  boss to try to persuade him/her that you'll be much more recovered after a proper break rather than after being cooped up in Saudi getting bored and miserable. Doctor's letter explaining harmlessness of flying and benefits of scene change?

Also, try to find a way to involve someone higher up the food chain without it being obvious you're going over your boss's head - tricky, I know!

In reply to steve taylor:

Under UK employment law it's not up to your boss to decide what you do when you off sick. What ever you do you'll be taking your injury/sickness with you.

Your employer should have a robust HR policy to deal with attendance/sickness. They are not entitled to make it up on the hoof.

Join a union!

In reply to steve taylor:

Thanks for the opinions all ...

I'm signed-off, so returning to work prior to the end of my sick leave is not the issue. I also wouldn't leave without notifying them. As for a soured relationship - too late to stop that from my perspective. The boss involved is refusing to acknowledge my questions on the topic.

Just another office politics situation - unfortunately at my expense. I'll just sit and stare at the four walls for two weeks, then return to work fully motivated, as ever!

In reply to Removed UserDeleted bagger:

Can see Ffat Boi's point about potentially soured relations with your employer and your employer is, I assume, thinking along the lines of, 'If he is not fit to work, then he shouldn't be flying to France'.

However, I agree with Deleted B. Your doctor has said you are unfit for work. He/she has not said you should not fly and it appears your HR department doesn't have a policy for this situation, though it is difficult to imagine such a policy. Would it say if you are on sick leave you must not leave the house?

As said above it depends on the type of work. If you job is sedentary then I can see your employer finding it difficult to understand how you could be fit enough to travel to France but not fit enough to sit at  desk - ignoring the fact your doctor has said you should not work for two weeks.

I don't think anyone here can do more than give their observations as it is you who might have to deal with any consequences.

Dave

In reply to steve taylor:

Under what country’s law is your employment contract signed?

If it is under UK law, if you have a letter saying you are not fit for work, that’s it.  You’re off sick and your employer isn’t calling the shots.  You need to be mindful that you don’t do something that - if disclosed to the employer - could give them grounds question the accuracy of your GP’s letter.  So for the avoidance of doubt you might have your GP clarify in writing that you are fit to fly, perhaps subject to certain constraints.

If it is under Saudi law I offer no advice except talk to a Saudi lawyer.

How difficult can your employer make your life in Saudi if someone there decides to be a dick?  

In reply to steve taylor:

Go and tell them a mate drove you across?

In reply to wintertree:

I'm on a contract that might not be renewed next year if they decide to be difficult.

Official Saudi Labour law doesn't cover this situation at all... My doctor's sick note says OK to fly - I asked that he added that in case work questioned it.

I'm pretty resigned to the fact that I'm stuck here, just want this boss to justify his decision, which I think I'm entitled to as I think he's acting outside his authority. 

In reply to steve taylor:

Who would be paying for the flight?

In reply to Deadeye:

me!

In reply to steve taylor:

If you are signed off but doctor says you can fly, it's starting to sound more like your boss is a jealous arse just being awkward. Time to use your 2 weeks purposefully and seek out a new future employer. 

In reply to steve taylor:

Well, too late now but I wouldn't have asked my employer, the note from the doctor says you are not fit for work but ok to fly then I would have gone to France!  I have seen people with their 2 arms in a plaster o a plane but obviously not fit for work! The 2 things should have different requirements.

In reply to steve taylor:

Thanks for the clarifications/details.  So not much wiggle room for you. 

You could try stating that your wife would have been providing significant care on your behalf given your limited mobility and request that if work are going to prevent you flying to her, that they provide a local care assistant to do the shopping, cleaning, cooking etc, and provide you with a car and driver?  Just make sure they don’t over infer on what sort of “support” you want lest you find yourself having to make difficult choices...

In reply to wintertree:

Yes. Limited mobility - therefore two weeks at home with some support would seem to be a very reasonable thing to do. 

In reply to gethin_allen:

His boss sounds like a Grinch, if he didn't share on social media about flying to France, is there any way his boss would have it brought to his notice if the OP didn't say anything about going?

In reply to Timmd:

Sadly my company are able to monitor my movements in and out of the country thanks to the way in which Saudi travel visas work. I wouldn't risk that anyway, as I'd rather not end up being sacked.

In reply to steve taylor:

Fair enough. You could ask your boss for help with getting dressed and say you wouldn't have to if you were being looked after in France.

In reply to Removed UserDeleted bagger:

Yes and no. I sacked a guy in 2018 because he threw a sick and flew to Italy to interview for a direct job with one of my suppliers. I took a lot of HR advice and I was well within the law to sack him for gross misconduct for stealing. Stealing as in I was paying him under false pretense. Had he booked a faw days holiday and gone there wouldn't have been a problem nore anything I could do about it. 

In the Op's situation though, if you worked for me and were signed off with what is obviously a genuine problem I would say crack on, go see the wife, go sit on a beach and chill if you like and I would drive you to the airport. The only thing I would have an issue with would be if you went to do something that would further harm you or hinder your recovery. 

In reply to steve taylor:

Agree with others - your whereabouts whilst signed off sick after an operation are not your employer's concern.

I'd expect my employer to be happy for me to recuperate wherever I so desired, and would be considering my position if I found my employer to show such little concern for my comfort and wellbeing. It's a gross invasion of your personal life, and an employer who seeks to do that once will seek to do it every time. 

Unless I was in dire financial straights I'd be taking the flights and updating my CV.

In reply to steve taylor:

Is there anything in the contract which stipulates that it follows UK law? Or is it drawn up  with Saudi law as the precedence.?

The other side of the coin is that you get all the tax advantage of working in Saudi, so maybe you have to follow local rules/ customs.This might just be one of them.

In reply to steve taylor:

Consult your trade union. 

If you decide to stay home, book in a couple of sunbed sessions just prior to your return, just to wind the twit up a bit. 

In reply to Presley Whippet:trade union?  I dont think so.  Set one up and watch your Visa go puff...

In reply to steve taylor:no chance of creeping out either- dont you need permission to leave the country.

Still, the money isnt bad. 

In reply to wbo2:

Consult an employment lawyer then. (you did, of course, put what would have been your union subs into a savings account to insure against this sort of thing when you knowingly entered a sector without representation didn't you?) 

In reply to Presley Whippet:did you take note where this job is? 

In reply to wbo2:

So take option 3, ask for advice from anonymous amateurs on an Internet form then. That will solve it. 

Oh, and book the sunbed sessions and say nowt. Watch the prick squirm. Consider bringing smelly cheese sandwiches in for lunch too. And wear a beret. 

In reply to steve taylor:

A follow up post. They gave in to my moaning and threats to just fly out anyway.... typing this in Heathrow

Thanks for the various supportive comments and suggestions. Some of them were used successfully in my winging.