TB issue

[Hannes Botha]

Hi all,

How do you handle prolonged absence due to medical illness? For example somebody being diagnosed as having TB and going to be off for 6 months? You cannot likely keep the position open for him, as his work needs to be done. You cannot appoint somebody permanently if you plan to take this guy back after 6 months, and you are likely going to let a good guy go, just because a employee (who was useless before leaving) is now healthy...

[roryf]

Hi Hannes,

There is some good info on this thread.

http://www.theforumsa.co.za/forums/showthread.php/18314-TB-testing-in-the-work-place

Usually the staff member is ok to come back to work after 2 weeks of being on treatment,depending on how badly they are affected.

[Hannes Botha]

I saw that on the labourguide website. But this employee had a medical certificate booking him off for 6 months!!

Surely I can't be expected to keep a position open for that long?

You see there is two issues here:

1. This guy needed to get paid. With a six month absence that couldn't happen.
2. I needed someone to fill the position...

So I spoke to the RMI's labour department and they suggested he collect UIF. Now the guy is gone to the union saying we dismissed him without a hearing and without him knowing...but it was a mutual agreement (and no I don't have a resignation in writing)...

[sterne.law@gmail.com]

Ill Health has specific requirements.
the code of conduct is a useful guide.
TB also has specific guidelines.

Ill health in a nutshell -
Employer should seek to accommodate.
factors to consider:
How long will employee be away?
What position?
The possibility of filling the position on a temporary basis.

First - NO OWRK NO PAY - sick leave can be used.
If he is not a good worker is a separate issue (this requires constant work performance monitoring and process).
In terms of type of position - the company must take reasonable steps to accommodate.
As an example, if my driver is away for 3 months, filling the position with a temporary person is generally easy.
If my financial director will be off for 4 months, it will not be easy to find a temporary replacement. A temp or consultant company may be considered, but cost could be unreasonable.


The replacement employee should be employed on a contract that is dependent upon the return of the individual.

Where the return time cannot be predicted, then the type of job, position, ease of replacing will be overriding factors.
A dismissal for ill health could be deemed automatically unfair.
It also can be regarded as discrimination.