Return to Work Declined

Hi KBee, we are sorry to hear about your stroke and the challenges you are facing around navigating a return to work plan that works for both you and your employee. It sounds like a difficult and frustrating time for you. 

If you haven’t already we have some information about returning to work on our EnableMe website here, our Stroke Foundation website here and Young Stroke Website here.

Below we have some additional suggestions for your situation:

1. Understand Your Legal Rights

• Under Australian workplace laws, employees are generally protected against discrimination due to illness or disability. The Fair Work Act 2009 prohibits discrimination based on a medical condition, and under the Disability Discrimination Act 1992, employers are required to provide reasonable accommodations to employees who are affected by a disability (which could include conditions like stroke recovery).
• If you are on workers' compensation (i.e., the stroke occurred as a result of work or while at work), there are additional protections in place to help you return to work safely and gradually.
• https://www.fairwork.gov.au/

1. Request a Formal Workplace Assessment

• Ask your employer to have a workplace assessment conducted by an occupational therapist or a rehabilitation provider. This can help identify any physical, cognitive, or psychological barriers to returning to work and help tailor your return plan to suit your needs.
• This might include modifying your work environment or duties temporarily or permanently.

1. Seek Support from Your Doctor

• Ensure your doctor is fully supportive of the return-to-work plan and that they provide all the necessary medical evidence to explain why a graded return is important for your recovery.
• It may help if your doctor writes a letter or provides more detailed documentation to your employer, outlining how a graded return to work is part of your rehabilitation.

1. Consult With Your Union or Workplace Representative

• If you're part of a union, contact your union representative for support. They may be able to advocate on your behalf and help with negotiations with your employer.
• If you're not in a union, you might want to speak to a workplace representative, such as an employee assistance program (EAP) advisor, if one is available.

1. Contact the Fair Work Commission (FWC) or Safe Work Australia

• If discussions with your employer don’t resolve the situation, you can contact the Fair Work Commission (FWC) for advice or help if you believe your employer is not complying with the law.
• You could also contact Safe Work Australia for guidance if your case involves workplace health and safety concerns, or if the injury occurred at work.
• If discussions with your employer are still not progressing, you can request mediation or conciliation through the Fair Work Commission. This is a process where a neutral third party helps you and your employer reach an agreement.

1. Seek Legal Advice

• If the issue persists and you feel that your rights are being violated, it may be worth seeking legal advice from a lawyer who specializes in employment law. They can advise you on the next steps and whether you should file a complaint or take legal action.
• https://humanrights.gov.au/

1. Keep Records

• Keep a record of all communications you have with your employer regarding your return to work. This includes emails, letters, or notes from meetings. This will be important if you need to escalate the issue.

Please feel free to reach out to StrokeLine on 1800 787 653 for more support. Hopefully some other EnableMe uses can also share their experiences with you.

Wishing you all the best,

Bec - StrokeLine

KBee , its not your fault , the employer is scared you might have a relapse of physically unable to do the job , they are scared of being sued and you actually might be a liability so they are playing it safe and not having you back , it's their choice unfortunately . You might be able to do the job , but insurance won't take the risk . Unfotunate you are now a unemployed and you have no choice .

I feel your frustration and this always sits in the back of my mind when I think to approach my previous employer. I don't think many people realise the preparation that goes into such a venture. For example, the preparation I had to do to get back driving again would blow people away. So when you think you have all the planets aligned, something from left field strikes. 20 years is a long time, sorry to say, loyalty doesn't mean diddly squat today. It really makes you stop and think, do you know what? I'm better than this. Their loss. To me, it seems so short-sighted for an organisation to retaliate like this. Presumably you still have the knowledge, the contacts, the cheeky short cuts. You could be a great mentor, educator, etc. Of course, I don't know the full specifics, so I may be out of my lane.

I am going through this now, fed employee for 33 years. I am more.

Thank you all for sharing your experiences regarding return to work. It does bring back memories...

Firstly, I do admit that I regarded me returning to work as the most important proof that I recovered after my stroke (it is definitely not a single proof, just one of many) - but it took me some time to realize and accept it.

Secondly, I realized that once I had a clear picture of how to cover our living costs, my outlook changed and it was easier not to consider return to work a testament of my recovery.

Thirdly, and most importantly, for me it turned out to be the fact that my wife and I managed guiding our two kids out of the stress while dealing with our health issues.

Sorry to hear, do you have a union rep who could assist? Otherwise if you want to stay with that employer then I second the recommendations Strokeline raised above, especially Fair Work. I hope it works out for you?

Hi, 

I had a similar problem with my employer and after talking to my union they suggested I try to get a certificate from my Dr saying I could do 100% of my duties but for less hours. I work a 12 hour shift and started back 6 then 8, then 9 then eventually 12 using personal leave to make up the hours. 

This could be another option for you