# Returning to work after being out sick ( job gone)



## melody (18 Dec 2007)

hi i have been out of work sick ,and am going to go back after xmas .
but have been told that i have been replaced ?
my boss has not told me ,a friend has told me this ..
i have worked for this company for 9 yrs were do i stand on this ?
i have told hr i am returning to work .
she just said ok .
what are my rights ? if they move me to another company ?
would be glad of so help here .


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## ClubMan (18 Dec 2007)

*Re: returning to work after been out sick*

I'd recommend that (a) you clarify the facts of the matter and don't jump to conclusions based on rumour (b) deal with any matters that arise calmly and clearly (c) get written confirmation of any changes that arise in your working conditions and (d) contact the DETE Employment Rights Section to get information about your statutory rights in whatever situation might arise.


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## Mpsox (18 Dec 2007)

*Re: returning to work after been out sick*

You need to put far more facts on here for people to help. How long were you out for?, was it certified by your doctor? what dealings had you with your employer?
Reality is if it was a long term sickie, then someone had to cover your role, this doesn't necessarily mean it's a permanent change


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## janedoe06 (19 Dec 2007)

*Re: returning to work after been out sick*

Hi melody 

although u have been working a number of years
What is the company policy regarding sick time

did u keep regular contact with managers etc and submit a doctors cert- its the initial blue cert along with the usual medical cert

did u obtain any benefit from social welfare during your time out

although employers are not legally obliged to pay u during your time out sick  - i also dont think they can allow your Job to go

I was out for nearly a year from my employers working there 5 years/
i know i was advised to keep regular contact with them but to be honest my sister rang in for me - and i di'dnt submit sick certs until the last few months, But then again it all depends on the circumstances,
HR is the best point of Call first of all regarding your current status , as it would be HR that would decide depending on your illness if u need to meet the company doctor before u come back


it says on the citizens advice bureau site
" Under [broken link removed] of the [broken link removed] and 2001 an employer must provide an employee with a written statement of terms of employment within two months of the commencement of the employment. One of the terms referred to in this Act on which the employer must provide information is the terms or conditions relating to incapacity for work due to sickness or injury.

also re sick leave 
In some circumstances, where an employee has consistently been absent from work (or if through illness is no longer capable of continuing work), employment may be terminated. Employees are protected in certain circumstances in this instance through the unfair dismissals legislation.

Often, your contract of employment will place a *maximum period* of sick pay entitlement in a stated period, for example, one month's sick pay in any 12-month period. Clear rules should be put in place by the employer where an employee is sick and is unavailable for work. For example, it should be clear that if you are sick and unavailable for work, you must contact a specified person by a certain time. If you are out sick for more than three consecutive dates you are usually required to provide your employer with a medical certificate (from your [broken link removed]). The medical certificate should state the nature of your illness and the date you are likely to return to work. If you are likely to be out sick for a longer period, your employer may require you provide weekly medical certificates. " 

this in itself does sound clear
When i did go back after my period of sickness, i had alot of holidays that i had not used in the prev year, which i was instructed to use up -
But the subsequent year i did'nt have as much holidays because technically i had'nt worked the sufficient number of days to qualify

Got this from http://www.citizensinformation.ie/categories/employment/

The first poster was right, i would ignore what your colleague says , as 1 u could be getting only off hand info , and some one who did'nt see u around might have said u had left, without knowing that u were out sick and u know how chinese whispers go
Sure when i went back to work- the first day , some guy in the department downstairs set to me , and yes it was funny now when i look back at it - but First day i was v emotional - "sure i thought u were dead ,what are u doing here > " now poor guy i dont think a ghost would be coming back


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## beautfan (19 Dec 2007)

*Re: returning to work after been out sick*

I work in the public service so our sick leave is very clear .

Maybe a lot has changed since you were there and two people are now needed.  

Maybe they want you to do a slightly different job which might not be a bad thing.  

Maybe they are trying to ease you back.

Returning to work after such a long time is stressful enough I'd say without adding to it.

Just enjoy your christmas and look forward to 2008.


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## melody (20 Jan 2008)

*Re: returning to work after been out sick*

hi 
 well i have got back to my boss .
he has offered me 2 jobs in the company that i do not want .
 the let all the other guys go in my dept in aug last , and gave them reduncie.
and they work as contracters now for the company .
 i was told i can do this if i want , they will let me go and i can work as a contocter but i will not be given the reduncies .
 were do i stand ????
i am the last person left in the dept .
can any one tell me .
 i had doctors certs for the time i was out .


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## shipibo (20 Jan 2008)

*Re: returning to work after been out sick ( job gone)*

Are your colleagues back in same role, only as contractors now rather than fulltime staff  ??

Or has dept. gone , and you are just sittin, around ???

As round of redundancies seems over, and they have offered you other positions, you are in a tight spot ....

Are new positions offered affecting your terms and conditions, longer hours etc ....


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## jhegarty (20 Jan 2008)

*Re: returning to work after been out sick*

How long were you out ?


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## melody (21 Jan 2008)

*Re: returning to work after been out sick ( job gone)*

was out 2 months .
and yes the guys are doing the same job as there were doing before been let go .
 i am the only one left in the dept . 
 i have to make my mind up this week what job to take .


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## shipibo (21 Jan 2008)

*Re: returning to work after been out sick ( job gone)*

Why can,t you remain in present job ??? , you were not offered redundancy package, and have no wish to change role ....

Maybe speak to http://www.flac.ie 


Would ask this and get back


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## ClubMan (21 Jan 2008)

Another useful link in this context might be www.employmentrights.ie


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## melody (23 Jan 2008)

hi 
i have been on to employment rights 
they say i cant not be let go and not be paid redundceny 
and they cant let me go and take me back as a contracter 
  thanks for all your help .


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