Sick Leave - another angle

SueC_2

I've seen lots of posts about employees taking 'too much' sick leave, but don't recall one looking at it from the other side.

What are your options/obligations as an employer if you suspect that an employee has returned to work too soon after having had an operation?

On a personal level I can understand why someone would do this (SSP not being enough to support family etc), but at the same time I think they're a fool for putting their health at risk.

But setting my own views to one side, professionally, how should the situation be handled? The guy is telling me his doctor says he is fit for work, but I simply don't believe him.

browneyedbazzi

I did this once a few years ago. I'd had a surgery and work had expected me to be off for at least six weeks (which is what the consultant said was average for the op). After three weeks I was going absolutely stir crazy at home. When my first sick note ran out I went back in to work. Needless to say I really struggled...my manager sent me for an occupational health referral who decided I'd come back too soon so I should go back home for another week then try a phased return to work with limited duties. They also sorted it out so I could see a physiotherapist to aid my recovery. I think overall they handled it all really well.

For me the pay wasn't an issue because I could have had six months full pay, I just couldn't cope with sitting home on my own day after day.

tizerbelle

If he's not covered by an existing sick note that he has handed in to the employer, you have to take his word for it. If he was given a further sick note that extends his absence but has neither made you aware of it nor handed it in - that is his choice as an adult.

If you decide to send him home you are putting him on a medical suspension (which would be at full pay)

Whether you can insist he gets a fit for return to work type form from doctor would depend on your sickness policy.

warwicktiger

If he is covered by a sicknote it could invalidate employer insurances letting him return.

SueC_2

warwicktiger wrote: »

If he is covered by a sicknote it could invalidate employer insurances letting him return.

I realise that. But if he hasn't provided a sicknote, and says there is no sicknote, how do I prove otherwise?

tizerbelle

SueC wrote: »

I realise that. But if he hasn't provided a sicknote, and says there is no sicknote, how do I prove otherwise?

You don't. Just ensure your return to work interview is documented and records that you asked if he was fit to resume full duties and he said he was even when pressed on the issue.

getmore4less

Is there a performance issue

paddedjohn

15 years ago I did something like this, I had the snip on a Sunday morning and they told me to take 2 weeks off work, 7 am on the Monday I was at back at work delivering racing fuel to Barcelona. Didn't cross my mind to take time off or inform my boss that the clinic told me to.

SueC_2

getmore4less wrote: »

Is there a performance issue

No. I am just genuinely concerned for:

a/ His health and wellbeing

b/ The company's liability in the case of an accident and/or him being injured as a result of secretly being unfit for work (he is a manual worker and has had an operation to repair a major hernia).

saintjammyswine

getmore4less wrote: »

Is there a performance issue

Glad this post was before #8, not after it. The tone of the thread would have changed completely.:eek:

getmore4less

SueC wrote: »

No. I am just genuinely concerned for:

a/ His health and wellbeing

b/ The company's liability in the case of an accident and/or him being injured as a result of secretly being unfit for work (he is a manual worker and has had an operation to repair a major hernia).

Do a return to work assesment involving OH.

Consider a phased return if full capability may be an issue.
(light duties or short hours)