Related content: Handling Sickness Absence: Take Care
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This worker may feel that they are being put under strain,why/how many times has the threat of a disiplinary been mentioned. one has to ask why this person is being disaplined. We have to look into why so much time is being taken as absence. Is it that there is someone at home who needs looking after? or do they have a medical problem which makes them take absences often. Are they being bullied in the workplace. Occi health can help in a medical question. It has to be rememered that a lot of what is said at occi health is confidential in part. And we all must be aware that all employees should be treated the same inc(non academic)and considerations to those deemed to come under the DDA for whatever reason or cause of the disability. We may fall foul of law if these are not considered. Speak to them on their return and then serve the disaplinary notice afer this initial meeting,when they go sick again the disaplinary would be held a soon as possible after their return.
the lenght of notice should continue even when they are on sick leave.
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I work for a University and have experienced on several occassions a member of staff (non academic) going sick when they suspect a disciplinary hearing is in the offing. Painful and time consuming though it is I refer/re-refer to occupational health and note on the referal that I would like their advice whether the individual is fit to attend work for an interview. As our policy clearly states that the OH Physicians ruling is final if the answer is yes I revert to the formal disciplinary policy.
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I think you need to tread very carefully here. Obviously we do not know the specific details of this case.
Was the disciplinary hearing linked in anyway to the illhealth?
If it was should it not be looked at again. Otherwise the outcome may well be an ET not the option the management would like to see being used I am sure.
Return to work - unless the person is fully fit and able to cope with any disciplinary action should it be undertaken?
If it is undertaken and the person's health is put at furtherrisk could an ET see this as bullying or harrrassment?
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I have an idividual who is on sickness absence leave and at the beginning of the absence was due to attend a disciplinary hearing. As the Occupational Health Adviser I have advised the HR manager & Line Manager that we cannot insist on her attending any hearing until this person returns to work, has been seen by Occupational Health and deemed Fit, Unfit with restrictions or Unfit. What else can I do that might help both company and the individual?
How do organisations manage long term sickness in a climate of downsizing. I have seen staff on long term sick in my area. One of my colleagues was hospitalised and returned recently to work at a time when many staff were being encouraged to take early retirement. The management I felt treaded very carefully because there could have been a Disability Discrimination action taken against them if they did not support this member of staff returning but you felt that they were not really wanting to find the kind of rehabilitation work that was requied to get this person back into employment (this was passed down to very local managers to reslove). I would be grateful if any one out there could indicate how they resolved this problem - if indeed there is a solution.
Many Councils will put long term sick employees on half pay once that individual has been absent for longer than 6 months. After a year then I believe investigations with the council medical advisor is necessary to establish the best course of action.
On one side is the committment to reducing costs to the taxpayer (Because that is who the council is accountable to) and on the other side is the protection of the sick employee in that no dimissal or other such action can be taken while that person is signed off work.
The employee should not return to work unless he/she is fully fit. A worker who is not up to the job may be the cause of other problems and may cause the employer greater problems in the long term. If the unfit/partially fit person has an accident at work is the employee going to have legal action taken against him? If he/she does return to work perhaps it should be on a half day basis rather than working a full day.
When employees have been off work on long term sickness(over 6 months)phased return can be invaluable as it gives the employee an opportunity to reacclimatise to the working environment and get back up to speed gradually. For the employer, a phased return can be beneficial in the longer term as it helps to prevent employees going off sick again as they may be unable to cope with a full return and get stressed. Each instance has to be discussed fully with the individual employee and tken on a case by case basis. Reduced working hours, part-time working or working at home could be considered. The employee would be on pro-rata pay during this period. Each case should have a well defined schedule for phased return so that each party know what to expect. An example could be that for the first month, the employee returns 2 days a week, the second and third month 3 days a week, fourth month 4 days a week and the fifth month 5 days a week. Throughout this time, the phased return schedule should be monitored. Each individual reacts differently to the return to work and the schedule should be reviewed at monthly periods
I would value comments on the following:
When an employee is recovering from an illness or injury, it is often suggeesated that they return on a "phased return", working part time hours, or limited days, gradually increasing to full time.
A regular problem is that some employers restore full pay during this period, while some insist that the employee takes annual leave to cover the periods not worked. This can make it difficult to return people to work, since they may actually lose money, or leave, on returning to work, whereas to remain "off sick" would bring in full pay in the short term.
Legal and other views appreciated.