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not sure where to post this.
can anyone offer any info on long term absenteism from ones job through accident i-e badly broken leg, not work related.off work for 13 months,what is the position regarding your employment.do they have to keep your job open or can they terminate your contract,would like to hear from anyone who has had any experience of being in this unfortunate position,worked for company for over 12 years.thanks in advance.
It may be in your contract of employment.
I seem to recall that the firm I worked for, which probably had what are now outdated generous terms, allowed up to 52 weeks sick leave, but after this time you were deemed to have left if you hadn't returned.
As always, these things are often at the discretion of the management beyond a certain point.
to continue to employ you after such a prolonged absence, but if your employment is terminated your employer would need to be able to demonstrate that:-
1. The employer was adequately informed about the nature of your illness/injury
2. That the decision to dismiss you was reasonable in light of that information.
It's normal for an employer to consult a doctor about the nature of long-term illnesses or injuries, although the consultation doesn't necessarily have to be with your own doctor. This consultation might involve asking you to attend a medical examination, and although you don't have to agree to this it might prejudice your chances if you subsequently decided to take the matter to an employment tribunal. The tribunal might (and probably would) take the view that the employer had no choice but to act on the information that was available at the time of the dismissal.
My advice is to discuss the whole matter with your employer before you do anything else.
I think that if your employer wants to sack you for ill health then they have to go through Occupational Health to prove your not fit for the job.
If you're a Union member then contact your representative, they should be able to provide assistance.
My brother in law had a series of operations on his knees and was off work for a similar time to you and with no end in site.
he was offered redundency but did not want to take it as he hoped to eventually get back to work and was handing in doctors sick notes.
He went to citizens adavice who told him to take the redundency as his employers could be in a position to dismiss him without payment as he was unfit to fullfill his contract
...there are two sides to this unfortunate incident. Poor old gibfish26 and his employer.
started my thread then before finishing it I changed my mind but instead of 'clearing' it I stupidly 'posted' it!!
No offence gibfish26
hi,thanks for your links and replies,it is not myself in this position,(retired)it's my son.4 weeks after accident he had a visit from his production manager,my son was in hospital for 4 days,where they set his leg and put it in plaster from toes to above his knee.first six months he was on full basic salary(fine),then in october 2008 he was put on a employer insurance scheme and paid half of his basic salary.
his company human resources department contacted him on several occasions to see where he was upto.
my son expressed his concerns about his job to the person dealing with his case,and was told not to worry because that was the purpose of the insurance scheme to make sure you are 100% fit before returning to work.
That sound promising.
I would advise that your son maintains regular contact with his employer to keep them in the picture about progress and demonstrate his desire to get back to work as soon as he is able.
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