Sickness

[joopuk]

If you are signed off sick, can your place of work tell you to come back before your certificate runs out?

[Memore]

no not if you have been signed off by your gp and have sent the certificate in they cant really argue with it as you are unfit to be at work and it would be a breach of their insurance etc for you to be there. If they want to know whether you are really ill or not or want a prognosis they can ask you to allow them to get a report from your gp but you have to agree and sign for that but you can refuse under the access to medical records act and they can ask you to go to their occupational health department which i would if i was you otherwise they make decisions based on what they have and it would go against you

[joopuk]

Have been to their occupaional health, he said I'm fit for work with limitations but my doctor said I'm not and that I should not go back. They are now threatening me that if I dont go back today they will deduct my wages. They are causing me undue stress now!!!

[antiguru]

Memore � I have to disagree with you. Many people misunderstand the role of a GP in sickness absence. GPs are there to advise their patient. That�s all. The �doctor�s note� that they give out is simply a form for the employer to reclaim SSP from the government if they wish to.

Whether an employee works or not is their decision and no-one else�s.

Frankly if their OH says you�re fit for work with limitations, company insurance is not an issue.

Joopuk � this is between you and your employer. You�ve taken advice from your doctor and now you need to make a decision. You have a contract of employment in place and at the moment you are withholding your labour.

I think you have 2 choices:

Either accept the OH�s view and return to work in a limited form
Or raise a grievance through the correct procedure about feeling pressured into returning to work before you are ready.

Whatever is wrong, I hope you feel better soon.

[buildersmate]

First class answer, Antiguru, IMHO.

[joopuk]

Memore, everyone I have spoken to has said exactly the same as what you said.
Antiguru, I am having breathing problems and pains in my chest, just to have a shower in the morning or ging downstairs to make a cup of tea gets me out of breath. So what do I put as a priority, my job or my health??

[antiguru]

Well clearly you don�t trust the answer �everyone� is giving you or you wouldn�t have come on this site.

You neglected to mention in your original question that OH had been involved. Perhaps Memore would have answered differently knowing this.

Your health is more important. I�m surprised that you have to ask.

My response still stands unchanged.

[THECORBYLOON]

Yir own doctor may think you are not capable of yir regular job but the company doctor may think that if reasonable adjustments were made, you would be capable of employment.

They can stop paying SSP if they doubt yir incapacity but they must provide reasons in writing. You then have the option of applying to HM Revenue & Customs for a formal decision as to whether the employers were correct.

We pay benefits to folk because their doctors say they're not fit for work but if we request a medical examination aby wir Medical Services, a Decision can be made that they are capable of work and the benefits stop.

It does not always follow that yir own doctor's opinion is final.

[Memore]

Hi I have been qualified since 1996 and I promise you that if your GP has signed you off you do not have to go to work however if the OH has said you are fit to go to work I am assuming they have done that without having a report from your GP and would therefore have based it on how you presented. An organisation with a sickness policy would have to be consistent in how they pay all employees under that. However you are not covered in law to be sick unless you are covered by the DDA . Also when someone returns to work from a long absence it is also advisable for an employer to obtain a note from the GP to say they are fit to return. Also if someone remains absent from work with or without certification an employer does have the option of a capability procedure (Most organisations) which they can use. Have they asked for a report from your GP before you went to OH that would be normal practice so OH has all the information but like i said you dont have to give permission and/or you can ask to see the report before it goes to the OH department - your manager does not have a right to see that but only receive advice from the OH Doctor based on it.

[Memore]

forgot to mention that SSP is only paid once any company sick pay has been exhausted that is if they have a sick pay policy which most companies do.

[Memore]

Antiguru I dont agree with you joopuk is not witholding labour he has been told by a doctor he is unfit for work - an employer can send someone to the OH Doctor but that doctor only knows what is presented to him/her by the patient they do not know the full medical history and that is why they should ask for a GP report before OH intervention - a lay person is not medically qualified to make an assessment and you have to be careful they are not covered by DDA as cases have been lost where an employer has not known someone was disabled or covered by the act but it is not a defence. They would also have to be seen to make reasonable adjustments to workplace and allow a phased return dependent on length of absence. An employer has to show a duty of care but equally an employee has to show willing - a grievance would be hard to investigate without all the information from health point of view to see if all parties acted reasonably. Deduction of salary or rather not paying has to be notified and must be consistent with policy or it would or could be seen as victimisation by an ET

[joopuk]

Antiguru - This is the first time I've used this site, and it was before I spoke to others when I posted the original question. If I'd known how to post a 'question' regarding givig ALL the info, I would have done so. There is no need to be so rude.

Memore - The first time I saw the OH I gave them permission to obtain a report but they didn't. On my second visit I again gave my permission, which he did on this occasion say he would contact my GP. My GP has said she will give them the reasons why I'm certificated and that I have an appointment to see a chest specialist. I made contact with my manager three days ago to say I'm willing to return to work on light duties but I've not had any further response from them.

[THECORBYLOON]

Memore SSP is not paid when the company sick pay ends, rather SSP is, in effect, topped up to the level of Company Sick Pay. SSP can be paid for a maximum of 28 weeks. Some companies pay for a longer period so there would be no entitlement to SSP although Incapacity Benefit could be claimed while still receiving Company Sick Pay

A medical certificate is strong evidence of incapacity but it is not irrefutable. If a doctor has not seen me for years I could tell him anything about the type of job I do in an effort to get signed off. How would he know if I were truthful or no?

There are reports of GPs being pressured into issuing cerificates and the fact that a person can not do his or her regular occupation does not preclude them fae doing another and it is perfectly possible to get SSP from one employer whislt still working with another.