" We are unable to leave your position open indefinitely"

galait · 09-08-2011 10:25AM #1

Hi

What if you are on unpaid sick leave (Just over 6 months)from work with Let's say 5 yrs service built up in this full time position.

Just suppose they got an email from the company saying they need to know when they intend to return and It contains a line like " We are unable to leave your position open indefinitely"

In summary if a person has been certifed as unfit to work by a doctor and the employer is threatening to cancel their employment as a result,

Surely this is unfair.

Any thoughts ?

mkdon05 · 09-08-2011 10:33AM

You are no longer able to fulfill your end of the contract. As far as I am aware this can be done.

FreudianSlippers · 09-08-2011 10:36AM

This is bordering on legal advice here, so tread lightly. Anyone giving direct legal advice will be infracted. It goes without saying that if you have any concerns you should see a solicitor.

mkdon05 · 09-08-2011 10:49AM

Absolutely, I'm no legal eagle, just my observation. Definitely seek professional advice.

coylemj · 09-08-2011 11:48AM

Dealing with the issue in general terms.....

It's unfair to the employer and the person filling the sick person's role for a job to be kept open indefinitely.

It's unfair to the employer because holding the position open means that the employer cannot invest in training etc. for the person who is now doing the job and that person (the temp.) isn't inclined to put much effort in getting up to speed knowing that the permanent person could arrive back next week and shove them back on the dole.

I worked for a multinational, they paid you your full pay for 6 months on sick leave, they had a discretion over the next 6 months (i.e. they might or might not pay you but typically they paid half pay) and after that they would let you go. All of this was documented in the conditions of employment so you knew the rules when you accepted the job.

In the public sector you could probably drag it out for years because typically nobody has the balls to fire you, in the private sector they will and they do.

Is it unfair? Depends on who you ask.

Is it legal? See a solicitor.

Reloc8 · 09-08-2011 07:17PM

galait wrote: »

Hi

What if you are on unpaid sick leave (Just over 6 months)from work with Let's say 5 yrs service built up in this full time position.

Just suppose they got an email from the company saying they need to know when they intend to return and It contains a line like " We are unable to leave your position open indefinitely"

In summary if a person has been certifed as unfit to work by a doctor and the employer is threatening to cancel their employment as a result,

Surely this is unfair.

Any thoughts ?

No its a matter of contract. If a written contract exists then this will stipulate the periods of paid & unpaid sick leave. If none exists that whatever is reasonable will be implied into the oral contract.

Say six months paid then six months unpaid is entirely reasonable in the vast majority of full time positions.

At the end of the second six year period it would be very fair to enquire of the employee whether they proposed to return to work and if so when. If they can't return to work, the employer is not obliged to keep a position open for them indefinitely.

" We are unable to leave your position open indefinitely"

Comments