Returning to work after sickness?

cavework

The GP cannot sign anything that says someone is fully fit to resume all tasks invoved with the employees job.
They either do not issue a further fit note or tick the boxes suggesting a phased return to work taking into account the advice given on the fit note.
It is then up to the employer to see if they can adapt the employees working enviorment to accomodate these changes.
If they can't then the employee will stay off work receiving sick pay .

cavework

zzzLazyDaisy wrote: »

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.

Absolutely wrong!

Uncertain

cavework wrote: »

Absolutely wrong!

No - Absolutely Correct :mad:

Uncertain

cavework wrote: »

The GP cannot sign anything that says someone is fully fit to resume all tasks invoved with the employees job.

The GP doesn't need to.

If the employee is not signed off sick (or maybe fit subject to....) by their GP and turns up to work, then it is up to the employer to obtain qualified medical opinion that the person is not fit (if they believe that to be the case). They will have to pay the employee in full for however long that takes.

zzzLazyDaisy

cavework wrote: »

Absolutely wrong!

If the GP refuses to issue any further Fit Notes, the employee is entitled to return to work. If the employer does not accept that the employee is fit to return, it is entitled to seek further advice, but must pay the employee during the period of medical suspension.

Think about it - the employer cannot even pay SSP without a current Fit Note.

If, having taken further advice the employer remains of the view that the employee is unfit for work owing to his or her health, then it must either keep the employee on medical suspension, look for alternative work within the workplace, or terminate the employee's employment on the grounds of capability (although that would be a risky strategy).

Alternatively the employer may allow the employee to return to work and see what happens. TBH if the employee wishes to return to their normal job, on the advice of their own medical advisers, there would be few employers who would stick their neck out and refuse to allow the employee to return, although I accept that it does happen from time to time.

cavework

Still absolutely wrong .. if the GP issues an advisory gradual return to work with health issues the employer still has a legal duty to hold a return to work meeting and compile a risk assesment based on the information given.
If the Doctors note advises changes to the working conditions and the company cannot reasonably comply the employee is still regarded as on sick leave.

Googlewhacker

cavework wrote: »

Still absolutely wrong .. if the GP issues an advisory gradual return to work with health issues the employer still has a legal duty to hold a return to work meeting and compile a risk assesment based on the information given.
If the Doctors note advises changes to the working conditions and the company cannot reasonably comply the employee is still regarded as on sick leave.

We are pass this bit, someone else asked what if the GP signed them off as fit for their main work whereas the OH said they couldn't. I.e the GP has not put any restrictions on the fit for note.

cavework

The onus is now on the employer to assess if the person is truely fit for full time work.. it is called ' passing the buck'
As an employer you have to take into account the effect on your other employees .

zzzLazyDaisy

cavework wrote: »

If the Doctors note advises changes to the working conditions and the company cannot reasonably comply the employee is still regarded as on sick leave.

Yes this is correct - the GP's recommendations on the Fit Note are just that, recommendations. The employer does not have to comply with them and does not have to give any reason for that decision (unless there is an element of disability discrimination). If the employer chooses not to act on the GP's recommendations, then the employee remains on sick leave, the GP continues to issue Fit Notes, and the employee continues to receive SSP, or whatever company sick pay s/he may be entitled to.

The medical suspension point arises only when the GP has advised the employee that s/he is fit to return to work and stops issuing Fit Notes, but the employer refuses to allow the employee to return to work. At that point the employee is no longer off sick, but is on medical suspension pending the outcome of the employer's investigations, and is entitled to receive full pay.

Hope that clears up any confusion:A

Edit: the right to receive full pay during medical suspension is limited to 26 weeks' pay

http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026595

cavework

zzzLazyDaisy wrote: »

If the GP refuses to issue any further Fit Notes, the employee is entitled to return to work. If the employer does not accept that the employee is fit to return, it is entitled to seek further advice, but must pay the employee during the period of medical suspension.

Think about it - the employer cannot even pay SSP without a current Fit Note.

If, having taken further advice the employer remains of the view that the employee is unfit for work owing to his or her health, then it must either keep the employee on medical suspension, look for alternative work within the workplace, or terminate the employee's employment on the grounds of capability (although that would be a risky strategy).

Alternatively the employer may allow the employee to return to work and see what happens. TBH if the employee wishes to return to their normal job, on the advice of their own medical advisers, there would be few employers who would stick their neck out and refuse to allow the employee to return, although I accept that it does happen from time to time.

The problem is that the buck has been passed to the employer who has to decide the effect on the other employees of the Company.
Our only recourse is through H&S and risk assesment.
This is NOT about the person returning to work after 'long term sickness absence' but the effect on the other employees in trying to accomodate the advice given by the Doctor on the fit note.