To not see my works doctor who want to override my specialist sick note?

[Thea44]

I've been off sick for 2 months after really major surgery. My gp has certified me sick for another month.

My work are being very pushy, the nurse rings me and gives me ridiculous advice about my symptoms which are clearly related to my serious health condition and surgery, like "maybe you're dehydrated".

They have now said I need to see the company doctor. If he says I'm fit to come back I have to return or they stop my pay.

Can they overrule my gp and specialist like this? Do I have to go? I've seen them bully people back to work before. I'm likely to be back in the next few weeks anyway once I'm safe to be there.

What have ACAS said? That would be my first port of call before engaging with work.

I’d be speaking to acas. What reasons have they given for not believing your own doctor.

What is your company’s policy on sick pay?

I think work based OH/ medical services can offer advice alongside a GP/Hospital note but definitely can't overrule it.
Definitely speak to ACAS x

Wow, can they do this?! Defo the union @Thea44 All the best.

I’d contact your surgeons secretary and ask for their advice. In my opinion it would take a brave doctor to overrule a specialist. If you went back to work and injured yourself, the doctor and your employer would surely be liable. I understand being referred to occ health to see if any reasonable adjustments can be made to allow a return to work but if you’re recovering from surgery then you simply need time to heal? Do you have a long term health issue that might be classed as a disability? I’d speak to a TU rep if you’re in a union. Or join one ASAP..

speak ACAS or your trade union

It’s an opinion. So essentially you’d have two doctors opinions. They can’t just ignore one of them. But why would their doctor have a different opinion to your GP? If you need to be signed off you’d need that, why are you so sure they’d think differently?

I think in large organisations with their own OH and ability to refer to their own specialists, it's fairly normal.
I was off for 4 months with some weird glandular fever type thing, and the (Civil Service) OH did a home visit and referred me to their specialists. It was couched more in terms of what they could do to make my life easier tbh, (phased return, part time, retirement through ill health etc) though there's no getting away from the fact that they are confirming that you are telling the truth.

I remember in the service it was fairly common for people on long term sick leave to be seen by the service's doctors.

I'd be amazed if they really want to over rule your own doctors. This should be about supporting your recovery and eventual return to work. Go to it assuming that's what it is. If it's not, deal with that then.

It's standard procedure where I work to be referred to the company doctor for prolonged absence.

It is part of the sick pay rules and failure to co-operate is disciplinary.

Our company doctor is good and extremely fair. She writes things like "given the circumstances, I do not wish to see this lady again for at least 6 months as there will be no way in which she will be fit for work before then" and on one occasion, she recommended tests that the colleagues GP hadn't, which resulted in them getting a diagnosis for an illness & treatment that their GP had overlooked.

Is I wonder what the work doctor would recommend.........a return to work no doubt!

Agee going to acas

It just seems too impartial for an in house doctor to decide.

Again, I can only speak for our company doctor.

The purpose is to do the right thing by the company. Sometimes that may be recommending a return to work,sometimes it's a return to work with modified conditions, equipment, hours etc. Other times, it's not a return to work.

My understanding is that it's a condition of pur pick pay insurer so that it's not abused. It also doubles as being the correct course of action for HR & protects against manager's wanting staff back prematurely.

You need to engage with it. Your GP & consultant can challenge it, if theyvdisagree with the findings.

How do OH have access to your medical motes?

I have, many times, been the "employer" who requested these appointments. It is always done to make sure we have done everything we can to support the staff member and I have never seen one try to overrule the patient's own doctor. They usually recommended caution re any return to work.

IME people who are difficult about seeing them are people who have no intention of returning to work or who are hoping to delay it as long as possible. It's in no one's interest to have you return too early.

Go with an open mind and let your employer support you.

My work sent me to OH when I was off sick after my husband died. My GP had signed me off for about another two weeks, the OH doctor said that was ridiculous and I needed at least two more months off. My (horrible) manager was very pissed off....

Can you report the nurse for giving you unsafe advice?

Yes, this is my experience too. OH are often more cautious/less positive about a return than the GP is.

Do they employ the doctor or is it a contracted service? No medical professional is going to put their medical profession on the line to improve company profits though. But tbh it maybe does frighten folk back to work.. although you’re recovering from major surgery so it’s unlikely there will be any overturning of the fit note. They could say you’re fit for some duties I guess if they know your job better than a GP.

IME people who are difficult about seeing them are people who have no intention of returning to work or who are hoping to delay it as long as possible.

Or they've had past experience of being railroaded or OH breaching confidentiality and then discovering their private medical details were being gossiped about by all their colleagues.

My work insisted I saw their doctor when I injured my foot. At that point I felt I was ready to come back but the work doctor said I risked further injury if I did and recommended another 2 weeks! I was not expecting that and my work were pissed off. It sounds like your work are utter chancers however, Op. I don’t see how their doctor’s viewpoint overrides your own GP / surgeon.

Just giving my experience. I know confidentiality has never been an issue on any case I've been involved in and OH has always been a supportive experience for staff. I've had a number thank me afterwards for the referral, even some who were reluctant.

This is very normal - I’d be co operating.

I would always see OH as being fundamentally part of the employer, but that doesn't mean they can't be useful. The positive side is that they should understand the nature and pattern of your work. Tbh if an employee of mine had such a serious health issue I would consider it wrong not to refer them to OH.

Go with your wits about you, all your consultant letters and advice from ACAS, but go with a positive attitude.