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Thread: TB issue

  1. #1
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    TB issue

    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...

  2. #2
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    Hi Hannes,

    There is some good info on this thread.

    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.

  3. #3
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    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)...

  4. #4
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    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.
    Anthony Sterne
    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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    Dave A (16-Dec-15)

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