Long Term Illness

We often get queries from members about employees who have been absent from the workplace for extended periods due to an illness or injury, and what they can do before the employee does return to work.

As an employer, you have an obligation to make sure that you do not put an employee at risk of (further) illness or injury. This means that you should ensure that the employee is safe to return to work and that the employee’s injury or illness does not put them at risk.

Just because a medical certificate has been issued and has an end date does not mean that the employee will be fully fit to perform all of their duties, particularly if the reason for the absence is due to a physical injury. If the employee returns to work and exacerbates the injury, or suffers another injury due to the incapacity it will become a workers compensation claim. If a workplace inspection determines that the employer put the employee at risk then penalties can be imposed.

As an employer you are perfectly entitled to have evidence that it is safe for the employee not only to return to the workplace but is also capable of safely performing their pre-injury or pre-illness duties.  There is no obligation for an employee to be given light duties if the injury or illness was not a workers compensation claim.

If the employee is returning to their GP to get a clearance it is important that the GP is fully apprised of the nature of the work that the employee is required to do, including if the employee has to lift weights or put other strain on their body.

We can provide you with a form that you can ask your employee to take to the GP setting out the duties and physical requirements of the position.

If you are still concerned that there may be a risk to the employee you can arrange a more thorough assessment than a GP can conduct through various organisation located around the state.

If you have an employee returning from any absence and you are concerned as to whether they are fully fit to resume all of their duties call Andrew to discuss the options available to you.