“Staff who have had to have time off work for reasons relating to a disability are entitled to have this time as Special Leave with pay.
These periods should not be counted as sick days for Attendance Management purposes. The Guidance states:
“A reasonable amount of time off could be given to enable employees who….have other health or disability related needs (to be) dealt with. Paid leave includes:
- Appointments/treatments (e.g. Kidney dialysis, infertility treatment, therapeutic appointments)
- Situations where employees are required to refrain from work based on professional/ specialist advice (e.g. Contact with modifiable communicable diseases)
When a Reasonable Adjustment has been identified and not put in place then Special Leave must also be considered.
The Guidance states that Special Leave with pay can also be granted in:
“Situations when employment related reasonable adjustments are not yet in place (e.g. awaiting provision or repair of specialist support or equipment; awaiting provision of a guide dog; awaiting provision of a work related reasonable adjustment).”
For an explaination of Reasonable Adjustments and specific disabilities recognised under the Disability Discrimination Act click here.
Staff waiting for an Occupational Health Referral
Excessively long waiting periods for OHS Referrals mean that staff cannot access the Special Leave provision because Reasonable Adjustments have not been identified by the OHS practitioner.
This is compounded by the fact that in some cases it is patently obvious that Reasonable Adjustments will be needed (i.e. after diagnoisis of a condition by a doctor/specialist).
If you are in this position and feel it will take an unreasoanable amount of time to implement a Reasonable Adjustment then your Region reccomends that you apply for Special Leave with pay.
If Special Leave is refused a grievance can be raised highlighting the Decision Makers Responsibilities under the Health and Safety at Work Act and Disability Discrimination Act.
For Help and Guidance when applying for Special Leave contact the Branch Office
