Julie
Based on the information in your email, if this was one of my cases, I would
make it clear to the employee that as a nurse I cannot make someone unfit to
work without medical evidence, therefore I would make him temporarily unfit
for work until further information was obtained. This could be via his GP,
Specialist or Counsellor (if clinically qualified). It might also be worth
pointing out that Med 3's are actually for 'Statutory Sick Pay purposes
only' (as stated on the certificates), and not the GP's professional opinion
on his fitness for work- to which I was seeking his consent to write to his
GP for.
I would explain to the employee that we were attempting to support him with
his rehabilitation, and by gaining info from his GP it would help me to
assess if there where any other reasonable adjustments that I could suggest
to the business, plus the line about research has shown........(benifits of
returning to work etc)
Assuming the drugs counsellor is clinically qualified currently the evidence
we do have is that he is fit with adjustments (remembering that the business
legally need to make reasonable adjustments- to which they have done so),
and this is the advise I would to put back to management. He is then
technically refusing to come to work and so it will be up to management to
decide the next move.
I would also ensure it was clearly document in his OH medical notes his
refusal to consent to further medical opinion being obtained.
I would also make the employee aware that by refusing help offered and
further medical information being sort, management can only make a decision
regarding his employment based on the information they have at that time.
I always ask myself is the advise I give to management ' reasonable and
defensible.
Tania Jasper
OHA
EDF Energy
Hove
----- Original Message -----
From: "Julie Lawlor" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, September 20, 2005 1:43 PM
Subject: [OCC-HEALTH] Employee who is off with a drug dependency
> Hello,
>
> any advice will be much appreciated here.
>
> We have an employee who went to his manager stating that he had a drug
> dependency (cannabis) and wanted some support to help him stop his
> dependency. This is line with our Drugs and Alcohol policy. We brought in
> an independent drugs counsellor who has supported him etc over the weeks.
>
> During this time, the employee has been off sick with anxiety and stress
> related illness. His counsellor and manager thinks that he may
> be "milking" his sickness absence and could come back to work even on
> reduced hours and restricted (office based) duties.
>
> OH were asked to get involved at this point as the employee stated that he
> was seeing his Practice Nurse who was signing him off sick. I queried
this
> as I thought it was unusual for a Practice Nurse to sign Med 3 notes.(As
it
> happens, the PN writes the Med 3 note and the GP signs it) I also asked
him
> to sign a Release of Medical Information form so that I could write for a
> medical report from his GP.
>
> The employee, who doesn't want his GP to know he is taking drugs, found
out
> that I contacted his Practice Nurse for the above reason and was upset
over
> this. The employee is now refusing to sign a release form, and is refusing
> to see his counsellor or meet with his managers.
>
> He has since seen his GP (today) who has phoned up his Manager and has
> basically told his manager that the employee is ill and to leave him
alone.
>
> I believe that it would be beneficial for the employee to come back to
work
> as part of a rehabilitative programme, but he seems reluctant to do so for
> whatever reason. The Company itself has a strict sickness absence policy
> where they like to see employees at work on restricted/precautionary
duties
> rather than be off sick.
>
> So where do we stand from an OH point of view to try to get him back to
> work. I feel that we may come across a barrier now as far as his GP is
> concerned. The Company has been supportive of him but feel that he needs
> to return back to work.
>
> I would appreciate your thoughts on this matter.
>
> Regards
>
> Julie Lawlor RGN
> Occ Health Adviser
>
> ~~~~~~~~~~~~~~~
> Please remove this footer before replying.
>
> For list archives and documents, go to
> http://www.jiscmail.ac.uk/lists/occ-health.html
>
> For jobs in Occupational Health, go to
> http://uk.groups.yahoo.com/group/OHJobs/
>
~~~~~~~~~~~~~~~
Please remove this footer before replying.
For list archives and documents, go to
http://www.jiscmail.ac.uk/lists/occ-health.html
For jobs in Occupational Health, go to
http://uk.groups.yahoo.com/group/OHJobs/
|