If UK:
The company would need to seek a medical report from your GP, they need to follow AMRA to do this and seek your consent first. If you refuse to give consent they will simply call you to a meeting and make a decision without a medical report. If you give consent and the report confirms your not able to return to work then they will terminate your employment.
If the medical report says you have a disability under the DDA the company would need to confirm there are no reasonable adjustments they can make to your duties before they could terminate your employment. Reasonable adjustments depend on the business, e.g. the post office was told to spend £20k on installing a toilet downstairs for one employee. Whereas a small company would not be told to go to this extreme, i.e. what is reasonable for the company to do.
2006-08-22 06:52:19
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answer #1
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answered by Nick B 3
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Depends on how important your job is. Can they do without you or do they need to employ someone to take your place if you are 26 weeks off. It also depends on how big the company is. Smaller companies where the big boss knows his employees by first name are more understanding. Larger companies that have no personal relationship with employees are more likely to say sorry we had to fill your position. Your employer has to pay you so long on full pay and so long on half pay. As far as I am aware you are then paid sick leave by the Government. If you are a long term employee this could affect your redundancy. I suggest if you really want to keep your job contact your employer and keep them up to date with your health situation.
2006-08-22 13:46:58
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answer #2
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answered by Anonymous
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They sure can "sack" you. The Emergency Leave Act protects you for 26 weeks and that's it. Same thing happened to my daughter when her surgeon wouldn't release her for full duty following surgery on her rotator cuff (shoulder) within the required time.
There's only two of three options for you:
Find another job or file for unemployment benefits through your local unemployment office. If you file, after those benefits expire, either find another job or file for disability benefits through the Social Security Administration. If you opt for the latter, you'd best have a good physician and documentation to prove your disability.
2006-08-22 13:22:44
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answer #3
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answered by honeybucket 3
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The first thing you should do is to check with your personnel department to find out if the company policy for sick leave. I know for a fact that I get six months full pay and the next six months half pay if I am sick. Different organisations have different policies.So go on , have a word with the personnel department .good luck and hope you get well soon
2006-08-22 13:10:18
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answer #4
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answered by Olderwiser 4
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Are you asking "Can they legally fire me?" or "Will they fire me?"
They will probably try. Whether they are successful or not depends on a few things. Like how willing you are to fight them on this and what tools you have at your disposal.
1) Check your collective agreement and consult your shop steward or Health & Safety rep.
No union (proud of yourself aren't you!)...
2) Contact your provincial labour ministry and check out the Employment Standards Act or its' equivilant. Get a copy, read it. Ask them for help.
Sign a union card.
2006-08-22 13:18:33
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answer #5
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answered by mrsullen 2
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im unsure about the sacking but you are entitled to incapacity benefit if you can now longer do the job you were doing before sick leave
contact your local jobcentre plus or DSS office who can provide you with more info as to your legal position
2006-08-22 13:08:07
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answer #6
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answered by COLLETTE F 1
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if you are a large company speak to HR and occupational health department. If in small company speak to citzen advice bureau for guidance - depends on your work contract
2006-08-22 13:14:07
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answer #7
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answered by honeypot 3
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Sorry mate but how did the job use your eyes. Could you not use your hands.
2006-08-22 16:51:48
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answer #8
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answered by deadly 4
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They cannot sack you while you are off sick but they can medically retire you.Speak to your union if you are a member .
2006-08-22 13:14:51
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answer #9
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answered by Anonymous
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Yes, if you break your contract of employment.
Or break the law and end up in gaol!
2006-08-22 16:33:49
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answer #10
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answered by Anonymous
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