Anyone work in HR?

[kuckingfunt]

Really need some help with this.

Does anyone know anything about employment law? Particularly what process an employer has to follow if someone is on long term sick leave?

Your employer should have a policy on this and should then follow that policy. Generally it will involve seeking medical advice on adjustments that could be made to enable a return to work, or possible return dates / prognosis. Eventually it may result in a capability procedure leading to dismissal / ill health retirement etc depending on the circumstances.

Can you give any more details?

I just wanted to know what is discussed in meetings etc and what I should be aware of. I am worrying myself about this and it isn't helping me feel any better.

I have been off for a while and HR have set up a meeting with to discuss. I have received a letter posted to me today to discuss this. They have also mentioned me seeing Occ Health. I am off with an illness that won't last forever but is preventing me working at the moment.

What is the likelihood that they are just trying to see how long I am likely to be absent for? I doubt there are any adjustments they could make to enable a return to work due to the nature of illness. How long does it usually take for them to use capability procedure?

Depends what they want to do about the person. Are you the employer or the employee and what is happening? If you can explain that then we can say whether it's legal or not.

Sorry x-posts

Sounds all fine and normal. Probably to see whether any indication how long you will be off and to see whether any adjustments can be made to facilitate your return.

How long are you likely to be off?

Yes they will want to know how long you're likely to be off for if it is possible to say at this stage. They may ask if there is anything that they could do to help you return, such as reduced hours, change of duties etc. They will also probably want to sound you out about whether you are blaming work for your ill health (depends what it is, obviously).

It is normal for you to then see Occ Health so that they can give an indication of how long it will be before you are fit for work and any recommendations they might have for a return. They may also ask your consent to get your own medical records from your GP.

You are likely to be entitled to have someone with you at the meeting, especially if you are feeling worried about going. This may help you remember any points you want to make and/or somebody to take notes of what is said.

In terms of timescales, it will vary between employers but is likely to be months rather than weeks. If the absence starts getting over the 6 month mark with no likely prospect of return then the employer may start looking at capability. However, at that stage they will also need to consider whether your illness could be classed as a disability.

Thanks for the responses, really helpful.

Ok, no my illness is not related to work at all so I am not blaming work for it.

I am likely to be off for another 3 weeks I think - that will be about 11 weeks in total. I am getting a lot better but not yet well enough to work.

I have no issue with them asking for medical records.

I can't take anyone with me to the meeting as it is over the phone - this alone makes me think that maybe it isn't quite as formal as I am worrying about.

Phone interview seems normal if your sick. Ask them to do a conference call or have someone listen in on a second phone if you have one at home?

I think you're right, if it's over the phone then they probably just want to catch up with you and see how you're doing. It may well be that they have a 'trigger' point of 8 weeks' absence at which point they have a chat with you to establish when you think you will be back. Just operationally they will need to consider cover etc if it is likely to be months before you're back.

If you think you'll be back in 3 weeks or so you could say that, maybe try to agree a return date (obviously flexible dependent on how you feel) and discuss whether you want to go straight back in full time or would like a phased return building up your hours.

Good luck and hope you feel better soon

Thanks Chessy, you have put my mind at ease a little.

When I speak to them next week I will still be waiting some test results - I will tell them that but also tell them I am hoping to be back soon (depending on results of course).

I would ideally prefer a phased return but I cannot really manage on a cut in wages (not sure if they reduce wages if you do this). Alternatively I could work from home for a while if they agree to it.

Anyway, lets see what the meeting week brings!