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Thread: Sick employee

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    Sick employee

    Please could somebody point me in the right direction.
    I have a guy working for me full time for 1 year and 3 months. He has been off sick 28 days this year alone. He has taken his 15 days leave and 10 of the leave days had been in 2011. Off work 38 working days this year alone.
    I have paid him fully and will for another month or so NOW.
    The guy has cancer, I will try and help as far as I can BUT my contract at a large company is reliant on 4 people over three shifts, one per shift and one for Preventitive work and projects, I can see the place slowly going backwards and now I need to make a plan and get someone else in his place, what can I do to help this guy a little longer and get some work done at the same time.. Replace him with a temp. contracted person, in case he can come back, not sure if he will come back.? I need to think of the other 3 people and my contract.
    Any help will be greatly appreciated.

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    Site Caretaker Dave A's Avatar
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    Is the high absenteeism due to treatments (and associated recovery) or a more general deterioration in health (due to the cancer)?
    The trouble with opportunity is it normally comes dressed up as work.

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    Diamond Member Justloadit's Avatar
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    It's great to be noble however it takes a toll on your business. I have a similar problem, although not cancer, but a back operation. Unfortunately, I can not support this as it is seriously affecting my business, and is unfair to the other employees, and also you may be setting a pecedent for future problems.

    You have done more than you share financially.
    If you look at the LRA, you have already overpaid.

    Your call.
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    I think it is early days in his illness, still busy with tests to confirm the type etc.

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    Platinum Member sterne.law@gmail.com's Avatar
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    You can read through the Code of Good Practice on ill health. It is easy reading and will probably provide most answers.
    In short you must conduct an enquiry to ascertain reasons. You have done this.
    Then try and arrive at a solution.
    A solution may be to have him work half day, or 3 days a week etc,ect. if you cant operate like this then you can either let him go on leave for a period of time and employ some one on contract or do the ill health dismissal.

    If his absence is of a nature that it is not predictable, eg he wakes up and is too ill, in other words of a manner that you can not work around or plan for, then again teh temporary leave or dismissal are the options.

    The nature of the job and the possibility of filling teh position on a temporary basis are also factors.

    Your business operation is an important element of the equation.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Ok, so he has been absent 49 days this year FULLY PAID, can i now refer him to Temp disability at UIF, i have typed out a letter explaining my situation and what can be done via UIF. I will not be able to pay him on the 25 May as I have a temp in his place, i want to push this thru now and not on the last day of the month when he has no money.? I informed him verbally on the 26 April of what will happen.

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