i have been off sick since june, my doctor has signed me off, had major op in august in my neck and spine, work have told me if i do not go back in december i will be dismissed? can they do this?
2007-10-23 04:47:26 · 20 answers · asked by Anonymous in Health ➔ General Health Care ➔ Pain & Pain Management
It depends on your terms and conditions of employment. If the company deem you to be incapable of continuing in your present role they could dismiss you on the grounds of capability. If this was the case they would have to send you for a medical assessment and a doctor's report would have to be sought. A lot of big companies have contracts of employment for which they give the employee 6 months on full pay and the next 6 months on half pay, If this is the case, I would think it unreasonable to dismiss you after 6 month's. Contact your local CAB or your Personnel department.
2007-10-23 05:18:26 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes, They can't keep you on the payroll forever just because you are off sick no matter what the injury. If you are unfit to do the job then they have to let you go and get someone else in. However they should pay you off or some sort of compensation as a good will gesture if you have been with the company a long time but they don't need to do this.
2007-10-23 04:52:41 · answer #2 · answered by Kevin N 3 · 0⤊ 0⤋
Sorry to hear of your illness, but the unfortunate answer for you is YES.
Your employer is actually giving you more time than required by law (US law).
The Family Medical Leave Act entitles you to 12 weeks unpaid leave for a variety of reasons.
1. Your own illness
2. Illness of spouse, parent or child that you have to care for
3. Birth or adoption of a child
all of these require a doctors note.
They are giving you 6 months and it really isnt fair on their part to hodl a position open. Perhaps you can wait until December and then if well enough, go back to work there.
They do have to offer you COBRA - which is the option of buying intot he group medical plan. you will pay 100% of the premium each month. If your employer has been paying for a part of the premium, they will not longer do this.
Go to the US Dept of Labor web site and you can get more info.
best to you
2007-10-23 05:01:07 · answer #3 · answered by selery222 4 · 0⤊ 0⤋
If the sickness has some thing to do with nature of your work,
and if it can be proved your sickness is as a result of work,
then they can not simply dismiss.
2007-10-23 04:54:58 · answer #4 · answered by Apparao V 4 · 0⤊ 0⤋
Give the Citezens Advice Bureu a call!!
I don't think they can fire you unless you are part time.
They can make you redundant, but then if they hire a replacement you could sue!
If it looks like your going to be off indefinatley they can hire a replacement for you, but have to pay you still, and they can always offer you volontary redundancy!
Call the CAB as they will be able to help 100%. Don't lie or exagerate to them though as it will all back fire on you!!
2007-10-23 04:52:17 · answer #5 · answered by Anonymous · 0⤊ 1⤋
This happens all the time, and very few employers ever get "called" on it, so if you have an extended leave with having the family leave act to cover it, you take your chances with the system n' the boss.
2007-10-23 04:50:46 · answer #6 · answered by ? 6 · 0⤊ 0⤋
Sounds like unlawful dismissal. Check you contract. Take it to a specialist employment lawyer or the CAB for clarification.
2007-10-23 04:50:09 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Employers are free to dismiss anyone for any reason other than, race, color, creed, sexual orientation, or gender.
So, yes they can and probably will.
Ask if you can reapply as soon as you're well enough to work.
2007-10-23 04:51:26 · answer #8 · answered by killbasabill 6 · 0⤊ 0⤋
if your doctors not says your not suppose to work right now then no
but if your just staying home because your not up to then yes
i would talk to your human resource department and see what there policy is on sick time or personal days
2007-10-23 04:51:15 · answer #9 · answered by shimmering_star_2007 2 · 0⤊ 1⤋
Yes
They can fill your job after 3 months.
They must offer you a different job. but that ussaly is
something you wont want at a lower pay.
2007-10-23 04:50:31 · answer #10 · answered by Fuzzybutt 7 · 0⤊ 0⤋