In my opinion this hits the nail on oh so many heads - I think as OH
professionals we have to be very clear, confident and competent about
what is an OH and what is a management/employment issue. I think that we
inherently want to do "whats best" for the individual - but entering
into a forum where we may be seen as influencing issues such as pay,
time off, retaining or not retaining employment is very dodgy and quite
frankly will undoubtedly bite us on the nethers at some point in our
careers. In my opinion there are some managers/HR people out there who
are quite happy to shirk their responsibility by medicalising issues
regarding staff/pay etc but it quite simply has to be batted back - we
can comment on clinical issues, liklhood of DDA etc, what would be
advisable from a purely clinical perspective but the mployer has to make
a decision about how to take that forward and what is viable. And
sometimes this may make us popular (heaven forbid) One of my favourite
sayings is that any opinion I give about issues such as "fitness" will
undoubtedly p*** off someone, either the manager, the individual or the
union. However its my opinion - over to you to follow the advice/ignore
it/file it in the bin. As one who has had to be cross examined at an ET
about this and having to defend my opinions (not pleasant at all) would
advise all to get such issues very clear on your own professional
compass. Happy days!!
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of Trevor Maze
Sent: 16 June 2010 10:40
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Phased Returns and Annual/Unpaid Leave
Mary,
This is a contractual/HR issue and a lot depends on the employee's
contract of employment, but there's nothing intrinsically illegal about
this.
There's certainly no legislated automatic entitlement to anything other
than SSP.
If you stick to the OH issues and give your advice based on these, it is
all much simpler.
If the individual can't work full hours, but is capable of working
reduced hours, this is what you recommend.
Don't get drawn into the arguments that "it's not fair" or related
issues; simply refer the individual back to HR.
If the individual is capable of restricted work, don't
dishonestly/fraudulently declare them unfit for all work, so that they
can retain their holiday entitlement.
You will lose your reputation for impartiality and possibly your job.
I hope this helps.
Dr Trevor Maze | 22 Orpinsmill Road, Ballyclare, Co. Antrim, Northern
Ireland BT39 0SX
t: 028 9332 3341 | w: http://www.environMED.co.uk
m: 0778 222 4890 (texts) | w: http://TheMRO.co.uk
f: 0870 134 0714 | w: http://www.jabs2go.com
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of Mary Smolen
Sent: 15 June 2010 13:21
To: [log in to unmask]
Subject: [OCC-HEALTH] Phased Returns and Annual/Unpaid Leave
Hello List
A new development at our Trust. A Directorate Manager has announced
that all staff having a phased return must use annual leave or unpaid
leave hours to make up the difference to their contracted hours. As OH
we have been asked to advise any staff from this Directorate about this
when making recommendations. The practice in the past has always been
'at the Manager's discretion' - which incidentally also caused problems.
We strongly feel this new 'rule' will actually increase sickness
absence, and are naturally concerned for staff in this Directorate.
Does anyone know the legality of this? Advice, information would be
appreciated.
Thanks
Mary
********************************
Please remove this footer before replying.
OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
This email was received from the INTERNET and scanned by the Government
Secure Intranet anti-virus service supplied by Cable&Wireless Worldwide
in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.)
In case of problems, please call your organisation's IT Helpdesk.
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free.
Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.
********************************
Please remove this footer before replying.
OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
|