In a situation where the employer’s doctor and the employee’s doctor both deem the employee unfit for work but the insurance company which is paying out income protection to the employee deems him fit for work, must the employer make reasonable accommodation to enable the employee to return to work with limited capability?

Posted in : First Tuesday Q&A ROI on 3 January 2017
Zelda Cunningham
Arthur Cox
Issues covered:

In circumstances where both the employee's doctor and the employee's doctor have advised that the employee is unfit to return to work, the employee should remain on sick leave until such time as he/she is deemed fit to return to work.  The insurer’s doctor usually only evaluates the employee for the purposes of determining whether the employ qualifies for permanent health insurance.

In accordance with usual practice, the employee should be sent for regular appointments with the employer's doctor to ensure that the employer has up-to-date medical information relating to the employee. When referring the employee to the employer's doctor, the employer should request that the doctor

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Back to Q&A's This article is correct at 03/01/2017

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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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