Returning to work after sickness?

Toola-Roola

Hello,

My partner has been signed off work for a few months after a knee operation.

His GP has written to his employer to say he is fit to return to work but on light duties. His employer referred him to occupational health who agreed with his GP and wrote to his bosses.

This was over 3 weeks ago and he still has not returned to work. Apparently they can not find light duties for him so he is just sitting at home waiting to hear from them.

He has another referral to occupational health in 2 weeks time but I'm not sure what this is for as nothing has changed since he last saw her.

What are we supposed to do from here? he isn't signed off sick nor is he working, feel like we're in limbo right now.

willing2learn_3

I'm pretty certain that's how it works. If they cannot find tasks that meet with the doctor's recommendations then your husband is deemed off sick. This is what happened with someone at my job, they 'may be fit for work if....' - but the employer can't agree the conditions so the person cannot come into work....

I'm amazed that they cannot find any light duties for him! There's always something to do isn't there.

Toola-Roola

I agree there must be something he can do, he works for a local authority so I cant believe they cant find him anything at all.

His employers aren't that helpful, he has tried calling but there never seems to be anybody he can talk to. I wish I could just talk to them as he isn't great at getting this sorted!

Savvy_Sue

Is he in the union?

Also, I think if the GP says he is fit, they should be paying him even if they can't find him anything to do. I could be wrong about that.

Who is he trying to phone? As well as his manager, it could be worth phoning HR.

tizerbelle

Savvy_Sue wrote: »

Also, I think if the GP says he is fit, they should be paying him even if they can't find him anything to do. I could be wrong about that.

Sue, I think in this situation you are wrong. The GP isn't saying the OP's partner is "fit for work" (work being your substantive role) but that he maybe fit for light duties i.e. not his substantive role.

There is no obligation on an employer to accept the GPs recommendations on may be fit for work and if they can not / do not want to offer light duties / phased return etc they do not have to and the "maybe fit for work note" effectively reverts back to a "not fit for work note" and the employer is only required to pay ssp/company sick pay if appropriate as per normal procedures

SarEl

tizerbelle wrote: »

Sue, I think in this situation you are wrong. The GP isn't saying the OP's partner is "fit for work" (work being your substantive role) but that he maybe fit for light duties i.e. not his substantive role.

There is no obligation on an employer to accept the GPs recommendations on may be fit for work and if they can not / do not want to offer light duties / phased return etc they do not have to and the "maybe fit for work note" effectively reverts back to a "not fit for work note" and the employer is only required to pay ssp/company sick pay if appropriate as per normal procedures

This is correct - the fitness notes are causing people a lot of confusion. The OP is unfit for work in his substantive role and cannot return unless alternative work can be identified. In terms of not being able to identify such work, even in local authorities, I am not altogther surprised by this. Most of the public sector has such large numbers of people in redeployment now that they struggle to find suitable alternative work for people facing redundancy, and what work there is is in high demand. It isn't a case of simply finding "something light" for him to do - it is a case of the fact that there are a lot of very deserving and desperate people chasing any jobs available. A sign of the times.

zzzLazyDaisy

SarEl wrote: »

This is correct - the fitness notes are causing people a lot of confusion. .

I agree, there is a lot of confusion.

Most employees are aware nowadays that the employer has a duty to make reasonable adjustments to their working practices to help a disabled employee return to /stay in work. There seems to be an assumption by some people that this applies to any employee on long term sick. This simply is not the case. The Fit Note gives the GP the opportunity to make recommendations that might enable the employee to return to work earlier, but that's all they are, recommendations - the employer is under no obligation to act on them, or even consider them (unless of course the Fit Note is for a disabled employee, in which case this may put obligations on the employer under the Equality Act, but there is no indication that OP's oh meets the criteria for being classed as disabled).

Savvy_Sue

Fair enough, I wasn't sure about that, and I'm not surprised it's causing confusion!

Out of interest, and in order to know for next time, if the GP had said he was fit for his substantive role, BUT the employer wanted him to see the OH team or make some other adjustments before coming back, would the employer be required to pay then if that couldn't be arranged immediately?

Uncertain

Savvy_Sue wrote: »

Out of interest, and in order to know for next time, if the GP had said he was fit for his substantive role, BUT the employer wanted him to see the OH team or make some other adjustments before coming back, would the employer be required to pay then if that couldn't be arranged immediately?

Basically yes.

The onus would be on the employer to show that the GP was wrong and the employee was unfit if they were to refuse his return to work.

Googlewhacker

Uncertain wrote: »

Basically yes.

The onus would be on the employer to show that the GP was wrong and the employee was unfit if they were to refuse his return to work.

Which surely OH does this?

zzzLazyDaisy

If the GP signs the employee as fit for work (ie to do his/her normal job) but the employer refuses to allow the employee to return to work, then this is a medical suspension and the employee is entitled to receive full pay for the period of the suspension.