Signed off sick but going back to work
Signed off sick but going back to work
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kowalski655

Original Poster:

15,171 posts

167 months

Monday 27th August 2018
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10 days ago my son was unlucky enough to get punched by some random nutter, down on the ground, fractured skull & bleed on the brain!
Thankfully up walking now, still some confusion in talking but getting discharged today,AFAIK no care arranged at home.
But he is insisting on going to work-fair enough, he has just been made a manager & doesnt want someone to nick his job, & he wants to sort his staff out properly. But if the nuerosurgeon has certified him off sick, can his employers legally allow him to work? Im worried he will overdo it, fall over & be back in ICU!

banzaibadboy

2 posts

92 months

Monday 27th August 2018
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I doubt his employers would be happy from the perspective of responsibility if he had an accident/relapse at work.

Butter Face

34,010 posts

184 months

Monday 27th August 2018
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Depends on the employers sickness and absence policy, they may not want him there at all, they may agree to light Work.

His best bet really is to stay in contact with his superior, let them know how he’s doing and discuss going back after his signed off period.

Better that than, as you said, having issues at work and causing himself more hassle.

kowalski655

Original Poster:

15,171 posts

167 months

Monday 27th August 2018
quotequote all
Thanks
Im not happy but he is as stubborn as a mule-takes after his mum smile

Vaud

58,096 posts

179 months

Monday 27th August 2018
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It's not his choice.

There MAY be something in his contract that mandates that he tells them.

If he still has some confusion then they won't want him there - as he may make the wrong decision and they may be held liable.

Evolved

4,064 posts

211 months

Monday 27th August 2018
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He can’t lose his job for being off sick. The company policy and insurance probably won’t cover him if he’s signed off, so they won’t want him there.

Tell him to rest, then go back once the sick note runs out.

Robertj21a

18,009 posts

129 months

Monday 27th August 2018
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I'm not 100% sure nowadays but I thought the employer couldn't take him back on anyway all the time that he is still signed off by a doctor/specialist ?

davepoth

29,395 posts

223 months

Monday 27th August 2018
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He's suffered a brain injury and is still showing signs of it, as you've mentioned. It's entirely possible that his judgement is impaired as well. IMO do everything you reasonably can to keep him off sick for the period the surgeon has given.

K77 CTR

1,654 posts

206 months

Monday 27th August 2018
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He's probably been advised not to drive either and to notify the DVLA. That's the advice we give our heads injury patients anyway.

RobXjcoupe

3,390 posts

115 months

Monday 27th August 2018
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kowalski655 said:
10 days ago my son was unlucky enough to get punched by some random nutter, down on the ground, fractured skull & bleed on the brain!
Thankfully up walking now, still some confusion in talking but getting discharged today,AFAIK no care arranged at home.
But he is insisting on going to work-fair enough, he has just been made a manager & doesnt want someone to nick his job, & he wants to sort his staff out properly. But if the nuerosurgeon has certified him off sick, can his employers legally allow him to work? Im worried he will overdo it, fall over & be back in ICU!
I suffered a bleed on the brain and was in hospital for a week in intensive care. I was in no fit state to do anything for myself for another week but was back at work after a month from the initial bleed. Hospital suggested I have at least 3 months off work.

Jasandjules

72,012 posts

253 months

Tuesday 28th August 2018
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Evolved said:
He can’t lose his job for being off sick.
Actually yes he can. Rare but still.

However OP he will be unable to attend if he has been signed off sick. He would require a Fit To Work certificate.

Vaud

58,096 posts

179 months

Tuesday 28th August 2018
quotequote all
Jasandjules said:
Actually yes he can. Rare but still.

However OP he will be unable to attend if he has been signed off sick. He would require a Fit To Work certificate.
As you say, rare, especially in this case.

If it is a national/multinational then even rarer.

Hopefully any employer on learning the seriousness of the sickness and having consulted their HR/insurer would be saying "stay off until you are signed back" as they don't want to pick up the liability of any actions taken by the employee. It's not a sprained ankle, after all...

D1ngd0ng

1,014 posts

189 months

Tuesday 28th August 2018
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Sorry to hear that OP and hope he gets back to 100% quickly. He can go back to work if he wants as I understand it. Ultimately if he declares that he is fit and well then he has declared he is fit and well and that's that. The company could pay for a doctor to examine him and declare he isn't I presume (after all none of know what his exact T&Cs are)

What he wants is a phased return to work certificate from the doctor though. That way if he suddenly gets a headache at 2 in the afternoon he's covered. Only wants to work every other day as struggling with tiredness. He's covered. So my advice would be for him to speak to the doc before tearing up the other and going back.

HappySilver

325 posts

188 months

Tuesday 28th August 2018
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If you read what it says on the ‘sick note’ signed by the doctor it does not say he is unfit for work rather that he is entitled to statuatory sick pay*. If he does not hand the note to his employer how will they know he has been signed-off, if he has already handed it over it is entirely down to the employer’s policy if they will let him back or not and they may choose to be guided by a medical professional on a case-by-case basis.

If he has provided the note to the employer but now wants to go back he could go back to the doctor or his GP if he was given the original note by a hospital and ask them to confirm in writing they have no issue with him going back. If they do, no issue. On the other hand if they advise him not to go back then it is probably worth listening to them.


  • It is a few years since I worked in this field so the wording may have changed, but I am not aware this is the case.

Vaud

58,096 posts

179 months

Tuesday 28th August 2018
quotequote all
At the practical and human, parental level:

kowalski655 said:
10 days ago my son was unlucky enough to get punched by some random nutter, down on the ground, fractured skull & bleed on the brain!
Thankfully up walking now, still some confusion in talking but getting discharged today,AFAIK no care arranged at home.!
Confusion. Fractured skull & bleed on the brain.

Maybe not three months, but at least allow some home recovery.
The patient is not (always) best placed to make decisions.
Not in hospital does not mean fit for work.

AndyTR

705 posts

148 months

Thursday 30th August 2018
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I would almost certainly think that the employer will refuse to have him back whilst signed off sick. The are almost certainly not covered in terms of any liability policies they have in place and may breech their duty of care. I'd want to speak to HR and check all this if I was his manager, as it is he may want to give them a call and have a chat.

mikeyr

3,289 posts

217 months

Friday 31st August 2018
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Seems to be a lot of confusion over 'fit notes'. NHS/GOV sites are quite clear that you can but whether you should (or if your employer agrees to your return) is the key thing.

https://www.nhs.uk/common-health-questions/caring-...

Here's the good part...
"Do I need a note saying I'm fit for work? No.
You do not need to see your doctor again to be signed fit to go back to work.
The fit note does not have an option to say that you're fit for work. If your doctor wants to assess your fitness for work again, they will say this on your fit note.
Some employers have their own policy that requires employees to obtain medical evidence that they are fit for work. If this is the case, your employer should help you arrange this privately with a GP or occupational health specialist. A doctor cannot issue a fit note for this purpose."

mikeyr

3,289 posts

217 months

Friday 31st August 2018
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boyse7en

7,969 posts

189 months

Friday 31st August 2018
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Evolved said:
He can’t lose his job for being off sick.
He certainly could.