Occupational health requirement to return to work

Solar54321

Hi

I unfortunately have been out sick for the last few months ,all of which is fully certified in line with company policy .I have advised my work that I am now fit to return to work ( cert supplied) .My area manager has indicated that in order for me to return to work that I have to give permission to the Company Doctor ( occupational health facility) to write to my Specialist & GP to obtain my medical file .This contravenes our sick leave policy as what it says is that you may be asked to see the company Doctor ( OH facility) of which I have done but I declined to give them written consent as it is not required as per our sick leave policy .

I have written to my area manager asking him to show me where this is written down ( its not) Has anyone any thoughts as I am at home blocked from going back to work

mr_cochise

You are not blocked from going back to work. After being out for an extended period they will require you to to demonstrate that you are fit for work. In some cases, a random GP note will not suffice. They probably paid you while you were out.
They don't have to take you back.

Dav010

Are you fully recovered and capable of doing all of your duties as before you went on sick leave, or are you asking your employer to accommodate you in any way because of your illness when you return?

Long term illnesses can be the result of, or result in disability. In either circumstance the employer has a duty to make any adjustments required.

The company Dr, occupational health official may be of the opinion that a phased return/temporary period may be beneficial. They may also have to rethink your duties or adjust their work station to ensure a safe working environment for you.

Not only should they look at the medical evidence available from your Dr/Specialist to make those decisions, they are legally required to by The Labour Court ( A Health and Fitness Club v. A Worker (EED037) ) hence why they may request your medical records.

https://www.homs.ie/publications/returning-work-illness/

If you don’t giver permission for the medical evidence to be assessed, then your employer may not be in a position to allow you to return to work on H&S grounds. And they can rely on that LC ruling to support their decision.

Solar54321

Hi Folks

I am fully fit now to resume my duties post operation and a “ fit for work “ cert had been issued by my consultant .My job is unusual in that I require to be able to hold a class one medical renewed yearly .This was temporarily suspended until I recovered I was examined by the governing authority recently and my class one medical was re issued .The Medical examiner examined my doctors reports and all was in order .I require a licence for work and the class one medical forms a crucial part of being able to work or not ,so my point is I do not need an OH to dictate otherwise.I have fully conformed with our sick leave policy

Dav010

Solar54321 wrote: »

,so my point is I do not need an OH to dictate otherwise.I have fully conformed with our sick leave policy

OH will have the opposite view, you are not in a position to dictate to them. They are required after long term illness to assess, not just that you are fit to resume work, but also that you are fit to resume work in the environment that you left.

You can dig your heels in on this, but they have a Labour Court ruling to back their decision.

Incidentally, this often comes up on these forums. A Med cert does not excuse you from work, it just explains your absence. A fitness to return to work, likewise, does not mean your employer has to let you resume work. They may disagree with it on H&S grounds. So don’t rely on the certs alone as an entitlement to resume your employment. Your employer has a duty, and as referenced a requirement to assess you after long term illness. Their legal requirement will always trump their workplace handbook/return to work policy.

A class 1 medical licence seems to be necessary to be a commercial pilot including carrying passengers. If your job is a pilot, I doubt there is a court in the land who would rule against your employer requiring that you be medically assessed, including Specialist reports, by them before they allow you to fly.

dreamers75

Solar54321 wrote: »

Hi Folks

I am fully fit now to resume my duties post operation and a “ fit for work “ cert had been issued by my consultant .My job is unusual in that I require to be able to hold a class one medical renewed yearly .This was temporarily suspended until I recovered I was examined by the governing authority recently and my class one medical was re issued .The Medical examiner examined my doctors reports and all was in order .I require a licence for work and the class one medical forms a crucial part of being able to work or not ,so my point is I do not need an OH to dictate otherwise.I have fully conformed with our sick leave policy

No you actually do, the company is quite right to send you to a OHS to ensure you are fit to work.

Not sure what your job is but its in everyones best interests that you go there. Company I with we brought our OHS into the facility and went through every single task the company requires staff to do. This is best practice and designed for both the company and employee.

I think you are being foolish with "in my opinion" and you should go to the OHS and be certified to work. Unless you on sick pay then enjoy :cool:

Jim2007

Solar54321 wrote: »

I have written to my area manager asking him to show me where this is written down ( its not) Has anyone any thoughts as I am at home blocked from going back to work

You are certainly not blocked from you going to work. This is a situation of your making and you alone.

You have been out for some time now, so it must have been serious. In such circumstances a company would be mad to put you back to work without having obtained all the assurances they can to ensure you are fit for work. They would be leaving themselves open to legal actions should you or one of their customers decide to take action. I would expect that their insurances stipulate such requirements.

You can stomp you feet all you want, but I very much doubt any employer is going to take a gamble on it.