Phased return to work - any legal base?

joujoujou

After 6 hours of googling this I gave up, so decided to ask here (@Mods, apologies if I put it in a wrong place, feel free to move it to a more appropriate one if exists).

Employee going back to work after sick leave, having (for example) a letter from a doctor advising employer to give easier tasks for a period of time...

Is there any work in Irish law enforcing an employer to follow that or the whole thing is just upon an employer's discretion?

Thank you.

Eoin

Not unless it's a disability AFAIK.

joujoujou

Thank you very much for this (although I am not happy to hear that, obviously).

BBOC

Even if there isn't any employment law for this, I would imagine that your company would/should take your Doctors letter into account.

Several years ago, my late husband returned to work after a Bypass. Before returning he had to be seen by the company Doctor who suggested that he should work part time for a few months....which he did. His company were very good because when he had returned to full time work, they allowed him to come in and leave at whatever time he wished.

Maybe it may depend on the illness.....no harm asking your company methinks.

Aye Bosun

I had major surgery last year and got the same advice from the doctor, he wanted me to go part time for a month to ease myself back into work, the idea being that the slower I returned to full time hrs the less likely it would be that I needed to take anymore sick days as a result of over doing it. I had a chat with my boss and he agreed. It worked a treat, I am back full time for the last 9 months now and haven't needed to take any sick days since.
Have a chat and explain it to your employer..they don't have to agree tho!

Mrs OBumble

There is some legal requirement (can't remember the law) requiring companies to facilitate part-time work for family circumstances. And I'm sure a sufficiently clever lawyer could make a convincing case, based on that or Health and Safety. But there's no clear-cut "they must provided it", which means that if a company won't play ball, it's very hard to encourage them.

joujoujou

Yet another thanks to everyone.

BBOC wrote: »

Even if there isn't any employment law for this, I would imagine that your company would/should take your Doctors letter into account.

[...]

Maybe it may depend on the illness.....no harm asking your company methinks.

Asked them once already - had a surgery last year and came back after 10 weeks on cert, with a doctor's letter advising not to lift/push/pull for 2-3 more weeks - refused point blank. As it was just a week before Christmas, took a holiday and came back to full-time on January, without a letter.

Now, I've another surgery scheduled for Thursday, that's why asked here for advice. Obviously won't bring another letter as company would not follow it anyway. :mad:

Orion

If the company refuses to follow medical advice they are leaving themselves very liable to damages in court - especially in these circumstances. Do bring in another letter and point out to them that if they make you do things that your doctor has advised against that they will be liable for any injury that results.

joujoujou

They just said I am not fit for work and sent me off, saying to come back when I'm ready.

Orion

Ah well then that's different. I thought you meant they meant you had to go in and do whatever the job entails. If your job entails lifting/pushing and you can't do it for medical reasons then you're not fit for work and they are correct to send you off on sick leave.

joujoujou

Although I am not tied to lifting/pushing jobs only - I've been trained to do most of the jobs company actually has, and despite that have been sent off. Especially the same company used to use discretion and temporarily moved employees to lighter tasks for amount of time. Anyway, will spend more time on cert, and company would have one person less (they've not enough staff even now). Not my problem. :cool:

seamus

Yeah, I guess from some perspectives if they have somebody already covering your work, it may be easier for the company to tell you to stay away until you're fully recovered rather than trying to juggle one person's work between two people.

I imagine if this recovery period is long, the company may be required to account for it under disability laws as Eoin mentions. Disability benefit is payable to those expected to be disabled for at least a year, so that would seem to be a good guideline for employers too.

The_Minister

joujoujou wrote: »

After 6 hours of googling this I gave up, so decided to ask here (@Mods, apologies if I put it in a wrong place, feel free to move it to a more appropriate one if exists).

Employee going back to work after sick leave, having (for example) a letter from a doctor advising employer to give easier tasks for a period of time...

Is there any work in Irish law enforcing an employer to follow that or the whole thing is just upon an employer's discretion?

Thank you.

It would be common to have a phased return, but it normal involves a very clear agreement between the employee and his employer, so that everyone knows their respective duties.

Godge

Orion wrote: »

If the company refuses to follow medical advice they are leaving themselves very liable to damages in court - especially in these circumstances. Do bring in another letter and point out to them that if they make you do things that your doctor has advised against that they will be liable for any injury that results.

But they are following medical advice. The doctor says that the OP is not fit to return to full duties. The employer says that they cannot accommodate restricted duties, therefore the OP remains out of work (and presumably out of pay).