Returning to work after serious operation

A friend of mine works in a company in which an employee has just had major surgery. This employee now wants to return to work even though he has not yet got the all-clear from his doctor to do so. I think he should not be let back to work as it may negate insurance that the company might have by tking the guy back to work without doctor's approval.
Anyone got experience of this and how to handle it

What do you mean "handle it"? If the person in question wants to ignore medical advice and go back to work (and the employer takes him back) then that's surely his own business regardless of how inadvisable, foolhardy or dangerous others might consider it?

In the case of my own company, if he is signed off by his doctor we wont take him back on as our insurance may not cover him in the event of certain acceidents or death. We would not offer a waiver to him either

I'm not sure that there's anything to handle. If his doctor has declared him unfit to work, then there is no possibility of him going back to work regardless of what the individual thinks himself. So there is very little the employee can do about it - I assume that it is the employee who is saying he is going back to work, not the employer?

I came across something similar in an organisation I worked for. Employee had heart bypass surgery. Shortly afterwards, this employee, who was one of those people who lived for his job and was lost without it, wanted to come back to work. But, in the end of the day, he was not passed fit by his doctor, so there was no possibility of him returning in spite of his proclaimed intentions. He had to wait for approx. 12 months until he was recovered and his doctor certified that he was fit to work again.

csirl said:

I'm not sure that there's anything to handle. If his doctor has declared him unfit to work, then there is no possibility of him going back to work regardless of what the individual thinks himself. So there is very little the employee can do about it - I assume that it is the employee who is saying he is going back to work, not the employer?

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Surely it depends on the employer's processes/procedures? If the guy just turns up and says "I'm back!" then I'd imagine that at least some employers will say "great!". They might be remiss in their obligations under employment law - I don't know - but that's presumably a real possibility? Just like if medical professionals insist that it would be best for you to stay in hospital but you decide to discharge yourself and there is nothing that they can do - i.e. they can't force you.

I have heard of more than one case where doctors would not certify people well for work out of fear of being sued. The individual would have the option of going to a different doctor.

If the employer is concerned why not send the individual to an independent doc who specialises in occupational health?