blondie Posted August 29, 2010 Share Posted August 29, 2010 hi i wonder if anyone can help me - we have a member of staff who has been on long term sick since march and is looking to come back to work in september on light duties only - which means she will not be able to pick up anything, put awya or set up etc - which means that she will be able to do very little in the session , so we will have to have another member of staff in to do her work - do we have to take her back or can we ask that she returns only when fit to carry out the job as per her job description? many thanks x Quote Link to comment Share on other sites More sharing options...
Gezabel Posted August 29, 2010 Share Posted August 29, 2010 I am not sure on the actual legalities but I think that since the 'sick note' changed to a 'fit to work' note you need to follow the medical advice given to your member of staff.If she is declared fit to work with some amendments necessary (eg no lifting etc) then I think you have an obligation to make any necessary adjustments. I think there is something somwhere about 'phased return to work' for people returning from long term sick? Quote Link to comment Share on other sites More sharing options...
narnia Posted August 29, 2010 Share Posted August 29, 2010 How about searching the ACAS site? I think she IS entitled to her job back, with you, as her employer, making whatever reasonable adjustments to her work that you can, but the site would be helpful I think Quote Link to comment Share on other sites More sharing options...
Fredbear Posted August 29, 2010 Share Posted August 29, 2010 (edited) Hi blondie if you google TUC phased return to work it clearly states what the legal obligations are to this person returning to work if that is what their doctor has suggested.. I know its difficult sometimes to allow for this including finance, but i'm sure as the caring society we are there must be some light duties of equal measure and a little jiggling of staff to enable them to begin to work on all cylinders again and feel back as part of the team. Lets hope we are never in the same position too. Sorry for my little rant but feel quite strongly about this subject. Edited August 29, 2010 by bridger Quote Link to comment Share on other sites More sharing options...
Inge Posted August 29, 2010 Share Posted August 29, 2010 I also think if she is ready to return on light duties she should be enabled to.. I cannot imaging that the whole of her job is to lift and carry items.. there must be a huge amount which does not include this , and while if a packaway setting this is usually included, can it be arranged for her to do other things, and for staff to be reallocated to allow this.. There is nothing worse than feeling able to return to work and not being allowed.. one of the reasons they changed the fit to work notes is that when off long term it has a tendency to mean that they never return to work ... I was off for 4 months and the reality of not being able to return on light duties would probably have left me not wanting to return at all.. Inge Quote Link to comment Share on other sites More sharing options...
Guest Posted August 29, 2010 Share Posted August 29, 2010 hi i in the same prediciment has your memeber of staff. been off work since april (hysterectomy). i am due back in work in september and have had a meeting with occupational health, occ health advised me to go back on lite duties, since i work in a packaway setting i still cannot lift anything heavy,tables etc, lift children to change nappies but i can still do other things when all this is going on. if i do not go back in september i will recieve no pay at all, so i have to. is this the case with your member of staff. why dont you want this member of staff to cime back. Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted August 29, 2010 Share Posted August 29, 2010 I imagine (but please correct me if I'm wrong) that in a fairly large group this wouldn't necessarily be a problem - however for a small group like mine it would be quite difficult to cope with a staff member who was returning back to work on light duties if their job involved setting up and packing away each day. Paying double wages for even an hour a day would severely impact on my financial situation, even though I would want to support the staff member in every way I could. Could you reach a compromise and agree that she comes back to work for the same hours as the children do if there is nothing 'light' to do during setting up and packing away? I'm not sure whether that would be legal - I'd get some advice before making a final decision. I imagine that you'd need to do a risk assessment of what the employee can and can't do and identify who is going to cover those tasks during the session, just as you would for a pregnant member of staff. Does the fit to return note detail exactly what she can do? The ability to get back to work can be crucial to people's sense of worth and esteem. I remember my mum telling me that she could cope with all the indignity and pain caused by her illness but when the doctors told her she would never work again it broke her spirit. I'd hate to be the stumbling block in a staff member's road back to work, but it does need careful planning and resourcing. Good luck blondie - and good luck Alison when you go back to work. Maz Quote Link to comment Share on other sites More sharing options...
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