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Can you get sacked for being sick?

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  • 20-05-2009 12:44pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    Any help would be greatly appreciated....

    I have been out of work since January of this year due to a serious illness, i have had medical certs sent in to work every week since then and been in regular contact to tell my employers of any updates with hospital tests and so on...i filled in illness benefit form from the first day of sickness and sent to social welfare they came back to me and said i was not entitled to anything not enough prsi weeks in previous tax year but to keep sending in certs which i have done....i told my employer all of this and they were fine and they have been paying me since January.... I have told my employers the relation of my illness and they know what is happening.. however this morning i received a really cold letter from the unit manager of my company stating that i have been taken off sick pay that i have had too much sick days for this to continue and that she has made an appointment for me to see company doctor in a few days time...... I am so depressed and in despair over my illness enough without this happening.... i feel as if they don't believe i am sick because they are not taking my docs word and making me go to company doc....to be honest i feel like just ringing them up and telling them where to go i felt the letter was so impersonal and they don't care what is wrong with me they just want to know when i will be back in work... and to be honest my health is the most important thing. do i have to go to company doctor and can they sack me for being sick?? if doc says i am not fit to return........
    my own doc does not know whether i should return to work as ive been diagnosed with an illness that is not going to go away.... i really dont know what to do im in dire straits i would love to keep my job and have a normal life.....


Comments

  • Closed Accounts Posts: 1,178 ✭✭✭dade


    I have been out of work since January of this year due to a serious illness, i have had medical certs sent in to work every week since then and been in regular contact to tell my employers of any updates with hospital tests and so on...i.....
    you did the right thing here keeping your boss informed at all times during your illness. fair play.
    filled in illness benefit form from the first day of sickness and sent to social welfare they came back to me and said i was not entitled to anything not enough prsi weeks in previous tax year but to keep sending in certs which i have done.........
    not uncommon, and probably not much you can do about it either. again someone else may be able to help i'm not up on welfare payments
    i told my employer all of this and they were fine and they have been paying me since January.... however this morning i received a really cold letter from the unit manager of my company stating that i have been taken off sick pay that i have had too much sick days for this to continue and that she has made an appointment for me to see company doctor in a few days time...... I.....
    this is standard practice to my knowledge. you have been paid for 5 months by teh company that's pretty good going. I'm out sick at teh minute and have had 2 weeks off sick earlier in teh year, my company have cut me off already. they only allow 8 days in a years.

    teh company doctor bit is also routine. they are probably just assesing the longterm adffects of your illness and also using that to help them make decisions abot getting someone in to cover your work, shoudl they get a contractor a temp or what not. if they have an idea how long you will be out for that makes it easier.

    Also people get a pain working and go out sick and act the maggot. I'm not in anay way saying you are doing this but some people do.


    am so depressed and in despair over my illness enough without this happening.... i feel as if they don't believe i am sick because they are not taking my docs word and making me go to company doc....

    .....
    at teh end of teh day IMo their doc will be biased as they pay his bill.

    at teh end of the day if they accuse your doc of lying he can sue them, also you doc has a duty of carer to you, he knows you, your medical history and is in a better position to asses you. do what both he and you agree to and let teh company doc feck off
    to be honest i feel like just ringing them up and telling them where to go i felt the letter was so impersonal and they don't care what is wrong with me they just want to know when i will be back in work... and to be honest my health is the most important thing. do i have to go to company doctor and can they sack me for being sick?? if doc says i am not fit to return.............
    they may be able to relieve you of duty because you will be unable to perform teh duties appointed to you. not sure teh legal stance on it but i'd say its possible. after all if you can't do teh job why shoudl they pay you and keep you in it right?

    also as you said your health is your wealth. make that your first prioroty. work to live not live to work that's what i say
    my own doc does not know whether i should return to work as ive been diagnosed with an illness that is not going to go away.... i really dont know what to do im in dire straits i would love to keep my job and have a normal life.....

    without knowing your illness and you job i can't comment really and obvioously i'm no doctore and teh borads riules etc but is your illness that bad that it will cause either you or your co workers a risk of injury? if it is then teh company have an obligation to protect you and your co workers.

    is your illness something that with some rehabilitation you will be able to start work again in teh future? maybe discuss with your doc and employer, is it possible that they put you on extendend leave of absence (unpaid) and allow you to return part time in teh future?

    i read in teh paper teh other day of some lass that was diagnosed with MS, she was devistated, anyway after years of struggling and not working etc she has managed to get a part time job in a bank, this allows her to recieve regular treatment/care and still have an active career. is that a possibility for you in teh future?

    best of luck with everything, remember your health comes first. you can always flip burgers in if a fast food joint


  • Closed Accounts Posts: 467 ✭✭aoibhebree


    .
    my own doc does not know whether i should return to work as ive been diagnosed with an illness that is not going to go away

    Well to be fair if it ends up that you can't return to work you could hardly expect them to keep paying you forever for a job that they're also paying your replacement to do, I'm not sure how long they're obliged to give you sick pay for but five months seems really really good!

    Would you qualify for sickness benefit from the social welfare dept?


  • Registered Users Posts: 90 ✭✭jeemojney


    sorry for your troubles, it's normal for an employer to ask you to see their physician for a 2nd opinion so i'd just go along and treat it like you were visiting your own doctor, tell him your symptoms etc

    imo no doc is going to disagree with another so just see what your employer does when they get their docs report, they may give you a deadline beyond which they'll say they can't keep your job open or offer you reduced hours or an alternative position depending on what your illness is and how it affects your ability to do your job, i'd play it by ear depending on how your condition is progressing

    as previously said your health is no. 1

    best of luck


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    They can let you go if it is concluded that it is highly unlikely that you will be able to return to work. Considering they have paid your salary for 5 months where they have to pay none the least you can go along with is visiting the company doc.


  • Closed Accounts Posts: 2,350 ✭✭✭doolox


    In general, company doctors will not differ from outside doctors in Ireland unless there is a strong suspicion of a doctor writing sick notes on frivolous grounds which is very rare in long term cases such as yours.
    The medical profession holds a strong independent position and will not disagree with your own doctors findings.
    They may, however, question your long term future with the company and a situation may be reached where alternative arrangements are made, such as shorter hours, modified working conditions etc. with modified pay the unfortunate side effect.
    Unfortunately with increased competitive pressure and less spare capacity in modern organisations there will be less willingness for your colleagues to take up the slack and do your work while you are recovering and more pressure on the HR dept. to get a decision on your case.There will also be a limit to how long a person can fill your post on a temporary contract but, ironically, the present slow-down will help you here. There will come a time when that replacement becomes more valuable than you in the company and looks for a full time permanent role........


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  • Closed Accounts Posts: 10,367 ✭✭✭✭watna


    Nody wrote: »
    They can let you go if it is concluded that it is highly unlikely that you will be able to return to work. Considering they have paid your salary for 5 months where they have to pay none the least you can go along with is visiting the company doc.

    Completely agree with this. Paying your wages for 5 months is very generous and not many companies can do this.

    Unfortunately, as said above, if the company doctor says you are not fit to return to work they can let you go, change your hours or move you to a job that you would be physicall capable of doing. Go and see him - they are completely in their rights to ask you and as they have been generous you should be willing to give back to them to and do what they ask.

    I know this is a terrible situation for you but getting 5 months wages from them is extremely good.


  • Closed Accounts Posts: 988 ✭✭✭IsThatSo?


    OP, have a read of this, it might be helpful:

    http://www.citizensinformation.ie/categories/social-welfare/social-welfare-payments/disability-and-illness/invalidity_pension

    There is still the PRSI issue, but when you will have been getting stamps for the last 5 months so its worth looking into if there is a possibility that you won't be able to work again.

    Also, get your Doctor to write a letter outlining your condition and bring it to the work Doc. Also bring along any reports from Specialists, if you have any.

    The work Doctor assessment will be fine, they just talk to you, ask you about everything thats going on and write down what you tell them. They may ask permission to contact your own Doctor. Depending on what your illness is watch out for a little test i.e. the Doc dropping a biro on the floor, which you will then pick up for him/her, with your back problem.


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