Hi,
I can beat this if anyone has half a day to spare.


OK, as I see it, you can't go against what the GP had said, the chap may be
telling him a pack of lies but he still has to act in the best interests of
his patient and HR and management are going to have to accept that. They
can't insist on a return to work - well they can but!.
Handled insensitively this has the makings of a long term issue especially
if the counselling which he was advised by his union to accept has not
helped.
This does of course make HR and management wonder about the value of having
an OH service.

However the fact that he has been offered counselling, a phased return to
duties, OH physician report etc. should help the company defend a claim.

Do HR have any policy for managing a long term absence?

His poor work practices are a separate issue and should have been dealt with
by other means.

I am interested in other's comments.

Cheers

Phil Kelley

-----Original Message-----
From: Dawe, Sarah [mailto:[log in to unmask]]
Sent: 04 December 2002 16:41
To: [log in to unmask]
Subject: Advice RE:-conflicting reports


Dear all, your advice on this matter would be greatly appreciated - this
mail is a little long but I would appreciate your time and comments

Have an employee (age-middle thirties) who has been absent from work since
early September 2002 (had been previously fit and well other than a
musculo-skeletal problem earlier in the year for which he was reviewed by my
self in July 2002 and had fully recovered).

This employee went off sick after a rather bad confrontation with his
manager.  Employee had "several black marks" against his name for poor work
practices (job involves visiting customers properties and maintaining Gas
appliances).  The manager, late on a Friday afternoon, lost his temper with
this employee and rather unprofessionally "let rip" at him in the middle of
a street outside a customers property.

The outcome - employee went to his GP and went off sick that following
Monday.  Sick notes have read mild depression and anxiety.

The GP continued to sign this employee of sick -did prescribe two different
types of anti depressant therapy, both of which the employee claimed did not
suit him and stopped taking - I myself reviewed him and offered him
counselling via an independent counselling service.  This was initially
refused, then on advice from his union rep, then accepted.

In late October the employee enjoyed a family holiday away- enjoyed social
activities and enjoyed the break.  I reviewed after this holiday and
suggested to him a phased return to work plan, also wrote to the GP for
advice and advised him of the support we could offer in rehabilitating him
back to work.  The employee in his own words said he wanted to "hang on
until after Xmas" then would think about coming back.  GP continued to write
4 week sick notes

I arranged for an independent OH Physician in his area to assess him and a
report back on 15 Nov 2002 suggested he would be fit in the next few weeks
to return on a phased reintroduction to the work place and suggested that a
suitable rehab programme should commence before the Xmas holidays as he
considered that a "prolonged absence would be unlikely to be beneficial to
this employee"

Despite this review (the employee received a copy of the report) he
continued with his absence, the GP renewing his sick note.

A report has now just been received from the GP advising - the patient felt
he was being pressurised into returning to work prematurely, the patient was
supported in this view and the GP agreed that the sickness should continue.
The GP suggested that the main functional impairment resulting from the
patients illness relevant to his employment is his difficulty concentrating,
the GP stated that he would not expect him to return to work until early in
the new year but thought then that he would be able to return to work
without difficulty he added that he thought that the prognosis would be
"excellent"

Now obviously management are 'jumping up and down' as they have advise from
OH Dr that the employee is now fit to return on rehab plan and GP advise
saying no -not until after new year ??

Not sure now what else to advise to management - I do feel that there is a
clear need here to distinguish between management issues and medical issues.
Can management insist on Return to work ? perhaps stop sick pay ?? - I have
advised that the employee would be well within their right to obtain an
independent assessment if we did insist on return to work -
At a loss now on how to move forward, even HR are tearing their hair out!!

Has any one been in similar situation - have been pouring over Diana Kloss
book all afternoon for inspiration !! PLEASE HELP

Many thanks in anticipation

Sarah