An employee has been absent sick for over two years. He is not covered by sick pay and insurers deem him fit to work. His own doctor deems him unfit for work. Is company obliged to keep job open and, if so, for how long?

Posted in : First Tuesday Q&A ROI on 5 March 2013
Zelda Cunningham
Arthur Cox
Issues covered:

The Employment Equality Acts 1998 to 2012 do not require the employer to retain an employee’s position if he or she is no longer fully capable, competent or available to undertake the duties attached to the role. However where an employee is dismissed for reasons connected with his/her ability to perform the duties required in his/her job due to a medical condition, which may be deemed a disability, an Equality Officer will consider whether the employer failed to take appropriate measures to facilitate the employee returning to or remaining at work.

Where the employee has been out for a considerable length of time, the employer may not be able to keep the position open indefinitely, in

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

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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