Hi All,
We are an engineering company. One of our employees went on sick leave since he was diagnosed with a minor stone problem, now he has joined back saying the doctor has advised him to take medicines for some days and he will be diagnosed again after 15 days and if the stone is still there, then he will have to undergo surgery. He is an engineer who has to work on construction sites. His doctor has refused to give him a fit to work certificate.
My query is:
Should we allow him to work considering his condition.
If he wants to continue should we get an undertaking signed from him that he has chosen to work and the company will not be liable in case something happens to him while at work.
Kindly advise..
Regards,
Jyoti
From India, Mumbai
3We are an engineering company. One of our employees went on sick leave since he was diagnosed with a minor stone problem, now he has joined back saying the doctor has advised him to take medicines for some days and he will be diagnosed again after 15 days and if the stone is still there, then he will have to undergo surgery. He is an engineer who has to work on construction sites. His doctor has refused to give him a fit to work certificate.
My query is:
Should we allow him to work considering his condition.
If he wants to continue should we get an undertaking signed from him that he has chosen to work and the company will not be liable in case something happens to him while at work.
Kindly advise..
Regards,
Jyoti
From India, Mumbai
Not a professional and humane approach.
A person goes on sick leave and on expiry of Sick leave, he joins duty. If you ask the Doctor to give a fitness certficate, and if he does not give, it implies that the employee is not fit
If the employee is not fit, then you are not supposed to assign him work.
And if you assign work, you are taking the risk and not the employee.
As an employer, you have no option . Your only option is not assign him with any work.
Alternatively, if you ask him to join duty, you are liable to pay compensation if something happens. Your taking an undertaking from the employee does not absolve you from this liability at all
T Sivasankaran
From India, Chennai
A person goes on sick leave and on expiry of Sick leave, he joins duty. If you ask the Doctor to give a fitness certficate, and if he does not give, it implies that the employee is not fit
If the employee is not fit, then you are not supposed to assign him work.
And if you assign work, you are taking the risk and not the employee.
As an employer, you have no option . Your only option is not assign him with any work.
Alternatively, if you ask him to join duty, you are liable to pay compensation if something happens. Your taking an undertaking from the employee does not absolve you from this liability at all
T Sivasankaran
From India, Chennai
I understand and completely agree with all that you have said but this employee does want to continue his leave, he is saying it is a minor problem and nothing to be worried about. He has Health Insurance from the company as well. Plus he does not do any physically tiring job on site, he is only meant to supervise and get things done by labour.
From India, Mumbai
From India, Mumbai
Completely Agree, be human. it can be happened with anyone and even stone problem is not so big. Assign him few desk job, till time he will be operated for stone.
If you want to assign him work, you can. But i did not agree with your taking a letter from him . T Sivasankaran
From India, Chennai
From India, Chennai
Very simple. Ask him to get fitness certificate from company Doctor or company approved doctor OR civil surgeon.If he can get such certificate assign him his duty or not till he can get such certificate
From India, Coimbatore
From India, Coimbatore
Hi Jyoti,
I think it would be beter to get the medical documents checked by the company doctors.
Tell the employee to submit all the medical documents and then get it checked. And go as per the company doctor suggestion.
A Byas
Dehi
From India, Ludhiana
I think it would be beter to get the medical documents checked by the company doctors.
Tell the employee to submit all the medical documents and then get it checked. And go as per the company doctor suggestion.
A Byas
Dehi
From India, Ludhiana
it is better to get fitness certificate before getting him on duty to avoid any wc in any case.
From India, Delhi
From India, Delhi
Dear Jyoti, essyker is correct. On humanitarian grounds you can consider this. As stone is also not a severe problem hope you can go ahead with essyker. Best Regards
From United Kingdom
From United Kingdom
I've got a similar issue. I gave a sick employee one full month sick-leave with full salary and benefits. He didn't apply for that leave but his health status was noticeable beyond reasonable doubt.
He did not visit any medical practitioner due to his religious belief. So he came back without any much change. I'm afraid if anything happens. What do i've to do?
Musina D.
From Zimbabwe, Harare
He did not visit any medical practitioner due to his religious belief. So he came back without any much change. I'm afraid if anything happens. What do i've to do?
Musina D.
From Zimbabwe, Harare
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