long term sickness and returning to my old job

[workerbee]

I have been on medical leave for approximately 3 months having been referred to a private GP by my employer, at their expense, and have been receiving treatment (paid for by my employer-provided medical insurance) recommended by the same private GP since that time. My employer is fully aware of my condition and I have been keeping them regularly informed of my progress. I see their private GP approximately once a month and they receive a detailed report following each consultation. In a nutshell, my employer has been very supportive throughout my absence and is fully apprised of my condition.

Prior to my medical absence, I was managing 3 teams of ~8 staff directly, and another 2 of similar size indirectly; a relatively senior position in the department. I have learned that, due to various changes in the department during my absence, an equivalent role is not currently available (in terms of number of teams/reports and/or seniority within the department). Whilst I'm not yet ready to return to work, I'm concerned what this means for me when I am able to return. I'm sure my employer wouldn't adjust my compensation, but I'm concerned at returning to a 'smaller' job (at least long-term; I know that a phased return to work, involving a steady increase of responsibilities would be likely).

I would have thought that, similar to maternity leave etc., the company needs to keep my old role (or something equivalent) available for me, but am not certain that is the case in law.

I've not yet raised this concern with my employer, as I would like to be better informed about the law before I do so.

I would appreciate any advice the forum can offer, including any additional reading you would recommend.

With thanks,

workerbee

[lba40]

Re: long term sickness and returning to my old job

Hi Workerbee,
I would think a lot would depend on whether your illness is deemed a disability. I think maternity/paternity rights are a whole different ball game when it comes to employment law (don't quote me on that). But I believe, that if your ill health is deemed a disability, then they would be obliged to keep your previous post open to you. I think they would be hard pressed to justify it if they didn't.
Best Wishes,
Lba40.

[workerbee]

Re: long term sickness and returning to my old job

Hi Lba40,

Thanks for your reply.

My condition is a mental health one, and having read the Equality Act 2010, I think it's likely it would be covered both in terms of being 'substantial' and 'long-term' although I'll take professional advice on that if necessary.

Cheers,

workerbee

[lba40]

Re: long term sickness and returning to my old job

Hi Ollie,
Just re-read your post in that your old post may not be available (I don't know if the loss of your old job position would have occured if you weren't off with illness). But I would have thought if so, then they would be obliged to return you to a comparable post. Regarding the question of 'disability', I guess their private GP would be able to advise on that...good luck.
Cheers,
Lba40.