What to Do When an Employee Refuses to Return to Work

When an employee has been off work for an extended period and claims they can’t perform their job, despite appearing physically fine, HR and Health & Safety (H&S) teams face a challenging situation. This issue is often complex, involving medical, legal, and operational considerations. Here’s a step-by-step guide to help you navigate the situation effectively.

1. Take the Claim Seriously

Even if the employee appears physically capable, it’s crucial to respect their claims. Visible injuries aren’t the only indicators of an inability to work—hidden conditions such as chronic pain, mental health issues, or side effects from medication can significantly affect their ability to return to work. Avoid making assumptions based solely on appearances.

2. Understand the Employee’s Situation

• Initiate a Discussion: Begin with a compassionate conversation to understand the employee’s perspective. Ask open-ended questions such as:
  • “Can you help me understand what specific difficulties you’re experiencing with your job tasks?”
  • “Are there particular aspects of the job you feel unable to perform?”
• Review Medical Documentation: Request updated medical documentation, including both physical and mental health evaluations, as non-visible conditions can affect job performance.
• Evaluate Job Duties: Analyze the specific tasks of the employee’s role to determine which ones they are struggling with and why.

3. Explore Accommodation Options

• Workplace Adjustments: Consider reasonable accommodations, such as:
  • Adjusting work hours or offering flexible scheduling
  • Modifying duties to alleviate challenging tasks
  • Providing ergonomic adjustments or assistive devices
• Temporary Assignments: If the limitations are temporary, explore alternate roles or projects that align with the employee’s current capabilities.
• Return-to-Work Programs: Implement gradual return-to-work plans, starting with part-time work and gradually increasing responsibilities.

4. Engage in the Interactive Process

• Collaborate with the Employee: Engage in a collaborative dialogue to explore reasonable accommodations. Document all interactions and decisions.
• Consult Experts: Seek advice from occupational health professionals or ergonomists to ensure adjustments are appropriate and safe.
• Review Legal Obligations: Ensure compliance with local and provincial laws regarding accommodations and employee rights, including workers’ compensation and human rights legislation.

5. Monitor and Assess

• Regular Check-Ins: Maintain ongoing communication with the employee to monitor their progress and adjust accommodations as needed.
• Performance Evaluations: Regularly assess how well the employee is performing with the modified job requirements to determine if further adjustments are necessary.
• Health & Safety Considerations: Ensure that any accommodations made do not compromise the safety of the employee or their coworkers.

6. Consider Alternative Solutions

• Medical Reassessment: If accommodations are unsuccessful, request a comprehensive medical reassessment to better understand the employee’s long-term capabilities.
• Vocational Rehabilitation: Explore vocational rehabilitation services to help the employee develop new skills or transition to a different role.
• Termination as a Last Resort: If all options have been exhausted and the employee remains unable to perform their job, termination may be considered. Ensure all legal and ethical obligations are met, and document all efforts made to accommodate the employee.

Conclusion

Navigating situations where an employee appears physically fine but claims they can’t return to work requires a balanced approach of empathy, legal compliance, and operational efficiency. By understanding the employee’s situation, exploring accommodations, and engaging in a collaborative process, HR and H&S teams can effectively manage these challenges while supporting the employee and maintaining productivity.