Long term sickness absence

cavework

bluenoseam wrote: »

I know this is a completely different story, but have you considered that in the time off said employee won't be able to complete a working day as he would have prior to going off? I was off for 7 months, albeit with serious medical treatment and honestly, my first half day back near killed me. Now i know it was depression (non-work related, i agree, you've done your end of the bargain well so far!) but it depends on what he's physically been doing in the ensuing time.

However i'd expect you speak to someone regarding his behavior during all of this. For example in his contract does it state that he must deliver sick notes within X number of days in person, or at the very least a family member presenting the original? I know in my own situation they were to be in within 2 days of the expiry of previous (to allow for weekends etc), they were handed in either by myself or on the one occasion i couldn't make it in (while i was still undergoing treatment) by my sister, but never "faxed in" - that just sounds, i dunno, kinda dodgy to me. You CANNOT screw around with holidays, if you do it leaves you in an open position, but at the same time if they are wanting to take them on their terms remind them that there are staff who have put holidays in ahead of time and they MUST be accomidated, reminding them that all holidays (as i'm sure is listed in contract) are subject to the requirements of the business, so long as he gets the holiday entitlement he's due then you're clear.

You can't force them back to a full time schedule as much as you might think it's a good idea, but i would request a meeting with his GP or an occupational health expert - because to me his conduct this far has been less than ideal and i'd be looking at getting some answers as to why it would be "7 weeks" as that seems a very definitive figure. Put it into context, going back to work after cancer treatment i was told that "it takes as long as it takes, could be weeks, could be months" - turned out i returned (a little early in hindsight) to full time work 6 weeks after returning.

Thanks ..
the way we have established the return to work means that if the employee feels at any time they cannot continue, they are able to leave and the job is still covered without any other employees being affected.

AND THE GOOD NEWS!
Phone call today.. the employee wants to return next week , is happy to work to the schedule we have organised and will do their best for us during the phased return to work and use Holidays for the 2 days a week they are not working until they feel fit enough to work 4 or even a full week.
We are chuffed to bits to have them back ..:beer:
Thanks to everyone who took the time to give advice.. you are a fantastic bunch of people on MSE
x

cavework

Googlewhacker wrote: »

Whilst Uncertain does make some sense it all depends on how much the person wants as a payoff and also once you mention compromise agreement you put yourself on the back foot.

There is a third choice, you refuse to allow the phased return they request if they don't fit into business needs and offer alternates and put the ball back into their court.

Depending on how your relation is with the employee if you go down the compromised route you will most likely have an agreement made where you give a referance whereas if you defend it by a tribunal you can refuse to give a referance which in itself is a damning verdict on the employee.

However please make sure you get proper advice and please make sure you record all actions with all employees!

You really are an essential member of MSE
Thank you! :T

MyUserName_4

Cavework, I have to commend your approach to this and well done for treating your employees with such compassion. It's no wonder you have such highly valued people working for you because they obviously respond positively to your great leadership.

Many large corporations would charge into a situation like this, all guns blazing, with threats of dismissal and capability procedures flying around. IMO, it's usually a sure fire way to alienate the person you're trying to get back into work. Situations like this usually do end up in a legal tussle when a sledgehammer approach is used, because it ends up with each side losing trust in the other.

I'm glad it all worked out in the end for you!