Work

If you are working and require time off for hospital appointments, short periods of illness or perhaps long periods of illness, then you may be concerned about your rights, how your colleagues or boss will respond to your absences from work and what obligations you have towards keeping them informed.

In general, employers who understand your need for absences from work and are supplied with the necessary documentation are more likely to be compassionate. However, if you do experience difficulties at work because of your condition you may have legal rights. See the Disability Discrimination Act (DDA) 1995. You can find this on www.disability.gov.uk/dda/index.html or on the Disability Rights Commission website listed below.

Useful resources

The Benefit Enquiry Line for People with Disabilities is a confidential advice and information service: 0800 882200

Disability Rights Commission Helpline: 08457 622 633
This is also a confidential helpline open 8am-8pm mon-fri

Disability Rights Commission website: www.drc-gb.org

Disability Law Centre: 0207 791 9800

Defining a long-term illness varies according to who is asking the question, however a period of six months seems to be accepted as long-term.

Another term, often used alongside long-term illness is a serious illness. Without doubt, chronic hepatitis C is both long-term and serious, even though the progression of disease varys significantly between individuals

If you have genuine short bouts of sickness that prevent you from working your employer is unlikely to have any grievances, provided the necessary documentation is produced (see dealing with doctors and sick notes. However, if your short-term sicknesses are frequent, your employer may think you are malingering and feel it reasonable to investigate your absence. This will entail a meeting with your manager and possibly someone from personnel, depending on the set up of your employer. At this meeting you are likely to be informed that your sickness absences are unacceptable and detrimental to the business, even if these absences are genuine and certified. This is your opportunity, if you wish, to disclose the fact that you have a serious condition. This will show that you are genuinely sick and not malingering. You may decide not to name the condition, but you may wish to explain that you suspect your condition is covered under the Disability Discrimination Act (DDA) 1995.

If you wish to provide your employer with additional information your specialist or GP (whoever is responsible for your care) may agree to provide a supporting letter. This does not need to disclose your diagnosis but should include an outline of the nature of the illness and the likely severity and frequency of the symptoms. Remember, under the DDA you do not have to have a specific, diagnosed condition or illness, only the presence of symptoms that have a substantial and long-term effect on your ability to undertake normal day-to-day activities.

Under the Disability Discrimination Act 1995 your employer has certain legal obligations towards you if you fulfil the criteria that define disability. However, they will be unaware of these obligations and can therefore not be expected to meet them if they are unaware of your condition. You are not obliged to disclose your precise diagnosis to your employer.

You may find talking to your immediate manager or supervisor helpful. Try to explain to them that you will unfortunately need time off for hospital appointments and that you expect some periods of sickness. If you approach the subject in an objective way and explain that you understand this may be inconvenient and will have some impact on others, they are more likely to be understanding. They may appreciate the prior notice so that they can put contingency plans in place for any absences and be able to assist you in a number of ways. For example it may be possible for some of your work to be allocated to someone else during your absences or even on a more permanent basis.

You may be considering whether you should tell any of your colleagues or work mates. This is a tricky one, and really involves weighing up the pros and cons of disclosure. Telling others may result in them being more understanding and less likely to resent any time you need away from your post. However, they may not respond so positively. Some people have prejudiced views towards hepatitis C and others simply are unwilling or unable to allow your condition to affect their work. So in reality, the best advice is really to think about the relationship you have with any colleagues and consider their response to any disclosure. If you feel it is in your interest to share this information then you may find the section on Telling people useful.