Can an employer refuse to accept an employee back into the workplace after a period of illness even if he/she has a clearance from the doctor of fitness for work?
Generally, an employer cannot refuse to allow an employee back to work if the employee has been cleared by a doctor to perform all his or her pre-injury duties. However, there may be circumstances in which this refusal is justified, including if the doctor has cleared the employee for particular restricted duties and those duties are not available or suitable or in some circumstances if the position is no longer available. If your employer seeks to refuse you permission to return on the basis suggested by your doctor, you should try to explore the employer’s reasons. For example, they may be genuinely concerned about your fitness to return and/or it may be that the doctor’s certificate you have provided does not adequately deal with particular job-specific issues or the doctor has not understood the types of duties that are available at your place of work.
Related Questions
- Can an employer require an employee to use more than two weeks of paid time off during the period the employee is claiming Family Leave Insurance benefits?
- May an employer request that an employee provide a doctors excuse or other explanation when the employee has used sick leave?
- Does it make a difference if the seasonal employee has been employed with the employer for a long period of time?
