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Hi It's not that we "over-ride" the GP fit-note; it's that the employer can choose to take the OH opinion as the more qualified one on fitness for work (and this has been upheld by tribunals). Whether the employer makes this choice or not is entirely up to them (and what is written in their policies and procedures and contracts of employment) and it seems in this case the were willing to and invited the employee to return on phased return using annual leave. If the employee decides not to return it is then up to the employer whether they wish to continue to pay occupational sick-pay for the continuing absence. So essentially you provide your informed opinion and the hows and whens are between the employer and employee. It is unusual however for an employee to have to use annual leave for rehabilitation and I can imagine now they have lost the employee's and GP's good will as well as the earlier return to work. Most companies have a policy stating they will generally support a certain amount of paid rehab (.e.g 4-6 weeks) with longer rehabs being considered on a case to case merit. Good luck! Carr On 20 March 2011 17:14, janet oneill <[log in to unmask]> wrote: > Hi > If the further 4 weeks absence covered the period when she would have had a > phased return then she should have no problem returning to a full time > hours. If you feel she ought to return on a phased return and use her > holiday hours then all you can do is reflect to management that an earlier > return could be achieved - it is their decision on what to do with this > information. Sometimes it is worth having the financial discussion at the OH > appointment becuase finances are usually a factor in determining a return to > work - sometimes people agree to have a shorter phased return. As far as I > am aware - it is management's decsion on whether to take the OH view over > that of the GP but as I tell people - we have a better understanding of the > workplace and what adjustments can be achieved. I had a lady the other week > who had a fitnote stating phased return but as she could not afford the loss > in pay, she decided to return fulltime with adjustments and had coped very > well. > > Janet > On Sun, Mar 20, 2011 at 3:50 PM, Jackie Thomas <[log in to unmask]>wrote: > >> Hi >> Had a client in a sickness absence clinic, advised that they could come >> back to work on a phased return over 4 weeks. however client was told they >> would have to use there annual leave entitlement to do so. Client refused >> to use it so went back to GP who then signed her off sick for a further 4 >> weeks. She will be now coming straight into her normal full time hours. What >> happens now? Have been told by some that oh can overide a gp fit note, >> others have said no we cant. New to sickness management so all help >> greatfully received. >> >> ******************************** >> 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 >> > > ******************************** 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 > ******************************** 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