can you please help ??

Question

ive had two operations on my wrist and needing a total of 4 months off work sick with full pay. ive been back to work for two months now and im back to doing full duties. my employer now wants me to have a medical report done. can they just sack me or even make me have this report done, i have been with them for 8 years and it s local authority i work for. im worried sick,please help im a single parent too, thx

i just wanted to put that all your answers so far have been great and i know what i need to do. im no longer worried thx to you all, and i will struggle to pick a best answer

Answer 1

No they can't just sack you. I work for LA too. Basically the only reason they want the report done is to cover their arses. Its so they can access what needs you may have in the office so they help you. Also to maybe increase your sick days allowance to take into account your health problem. Don't worry about it everyone has to go sick sometimes its not your fault. I promise you you're fine.If they sack you you will make a mint for unfair dismissal!!!! Good luck.

Answer 2

Your employer can insist that you have a medical report done as it's protection for them. There may be the possibility that you are not medically fit and you could be doing more damage to your wrist. This could result in a law suit against the company at a later date. If you work for a local authority there is the chance that you have a Union Rep who can give you advise on this. The company in question cannot sack you for this as you have been back at work for two months and working full duties. You have also worked for them for eight years. This would result in an unfair dismissal case against them and the tribunal would rest in your favour.

Answer 3

If you refuse to have the medical report done I would think they could fire you.....I am sure that they just want verification from your doctor that you are healthy enough to do the work you are doing. If your are disabled because of the surgery or if the surgery had anything to do with work then they cant fire you because of the disability act. unfortunately there are lots of little loop holes that employers can jump through in order to termninate someone. But if you are doing your job the same as before you had the surgery you shouldnt have to worry about it. Check with a local attorney to find out...most of the time attorneys will answer your first question for free.

Answer 4

This is normal practice for an employer to ask for a medical report if you have had a long time off sick. Nothing to worry about it you were covered by a doctors certificate for the time off. They won't be able to sack you unless the injuries prevent you from being able to do your normal work. If not able to do your normal work they have to offer you another position if there is one before they can get rid of you on medical grounds. It sounds like they are doing this to assess your job for health and safety reasons to see if you need extra help.If you are in a union contact them for guidence on your rights.Good luck for the future.

Answer 5

After 13 weeks of continual employment you are entitled to a contract of employment. If you haven't got one after 8 years your employers are in breach of employment law.

If you have got one, get it out and read what the terms are relating to sick leave and length of service. If you feel that your employer is in contravention of your contract you should contact ACAS - The Arbitration and Conciliation Advisory Service nearest to you for impartial and free advice on your situation.

You were lucky to have 4 months off work on full pay - that wouldn't be the case in the private sector - your would be entitled to so many days on full pay depending on your length of service and then claim sick benefit from the state.

Your employer will have to make sure that the way you are being treated doesn't amount to 'constructive dismissal' that means making your life so stressful that you want to leave the job.

I hope this helps.

Answer 6

I think you have to have the medical but sacking would be evry unlikely as you are back to doing full duties. If you are in a union get advice from them they will help you and represent you if there is a need to do so.

Answer 7

They cannot fire you for missing work under an authorized Family Medical Leave of Absence. You get 12 weeks/12 mos for that. They cannot fire you if you had authorization ahead of time.

Yes, they can make you get this report done. It is simply to help them prevent fraud. They need it for documentation. As long as your leave was pre-authorized and legit, then you'll be fine...or be able to sue and become a millionaire.

Answer 8

From what you have said, they cannot sack you. But, shouldn't they ask for your doctors report? Are you a member of a trade union, who can give you more info on your rights. If there is nothing to hide then do it.

Answer 9

i dont know i worked for wal mart, and fell off the ladder in the sporting goods dept, i got hurt pretty bad, my backespecially. they refused to give me an incodent report to fil out . so when i went to the dr,he took me off work. while i was off i had a slight heart attack. i also took that report to the dr. and the company fired me because the dr wouldnt give me a release form when they thought he should. well i'm still under drs care, couldnt get workers comp, or unemployment or disability, no lawyer seems to want to fight walmart . so from my experince take them the report.

Answer 10

Have you asked them why they want this done? They may just want to make sure everythings okay, after all they won't want you going off sick again too soon.

Good luck.