We have a permanent full time employee out on sick leave. The organisation's Occupational Health Doctor's opinion is that this employee will be fit to return to work on a permanent part time 3 day week. Do we have to implement this recommendation even though the job is permanent full time (5 days a week)?

Posted in : First Tuesday Q&A ROI on 3 April 2012 Issues covered:

This question need to be considered in light of the requirements of the Employment Equality Acts 1998-2011 which provide that an employer must take appropriate measures to enable a person with a disability to perform his or her duties, unless the measures impose a disproportionate burden on the employer. This duty would require an employer to consider an adjustment to working hours, for example a reduction in hours, whether on a temporary or permanent basis, or an alternative working pattern (as per the recommendation of organisation’s occupational heath consultant in this case).

Before deciding whether or not to implement this recommendation, the employer should consider all the

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.