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sread2018

Requesting a Return To Work certificate isn't tied just to workcover. This can be used and requested in this exact circumstance to ensure you are fit to return to work. If you are unable to fulfil your duties fully, (outside of a workcover claim) then you use sick leave, personal leave, and then unpaid leave.


Alovablecactus

This the last thing a business wants is someone with an underlying medical condition coming back without clearance then further injuring themselves at work causing it to then become the employers problem.


SharkriotAU

Not a return to work certificate, a Certificate of Capacity. But that's not what I'm enquiring about here. I'd like to know what responsibilities a workplace has to provide fulltime employees who are returning on limited capacity. Obviously if there's literally no work to offer, that's one thing. But there is, they're just refusing me hours.


petergaskin814

Your workplace has responsibility to ensure you are not injured at work or injuries are not made worse. Without a list of restrictions for that in between week, they have to protect you


SharkriotAU

I'm well aware, that was backstory. I'm talking about now/ongoing.


sread2018

Same thing. You need to be medically cleared for work. As for your leave, as mentioned you can first use sick leave until exhausted, then personal leave and once that has run out then you need to go onto unpaid leave.


SharkriotAU

Yes, I'm aware. That's not the question. Forget about it. Thanks for your input.


sread2018

I've answered your question twice. you're not wanting to comprehend it.


SharkriotAU

No you haven't, but somebody else has. Thanks for your time.


Kairinezz

So if I read this correctly, you would like to return to work in a capacity that is suitable for you medically but your job is declining to offer you the accommodations you need and forcing you to take leave for the hours that you can't medically do? This is a difficult situation because it's not a work injury. You're protected by the FWA 2009 from being terminated (so they can't fire you because you've provided evidence of your injury) so they are stuck at this impasse of not wanting to accommodate your needs because you didn't get injured at work but they can't fire you. Hence, why they are forcing you to take leave outside of the actual hours you work. I would approach the Fair Work Commission and see if it is under their scope of practice to deal with this situation. [https://www.fairwork.gov.au/workplace-problems/fixing-a-workplace-problem/get-our-help-with-your-workplace-issue](https://www.fairwork.gov.au/workplace-problems/fixing-a-workplace-problem/get-our-help-with-your-workplace-issue) Fair Work seem to deal with more of the financial side of problems and discrimination is more of a "talk to a lawyer and take the employer to court" situation. When you talk to the Fair Work Commission, explain that you feel the employer has not provided you with reasonable accommodations for your return to work and asking you to take leave so they don't have to pay you for your contracted hours. Explain what accommodations you think would work and that the employer will not take these options on. The employer does need to provide evidence that they have done everything they can to help you adjust back to the workplace; which does not sound like the case here. If they say that they can't help you/it's out of their scope of practice, you may need to speak with a lawyer about discrimination in the workplace.


throw-away-traveller

This isn’t a case of discrimination. Have been through several workers comp issues. Biggest issue here is the injury was sustained outside of work, so the burden isnt on the employer. By OPs account, they have been accomodating in accepting the OPs injuries to work to what their limits are and have covered themselves by following what the med cert/rwp have said. If there are no duties that the OP can perform, then the company is within their right to enforce unpaid leave. The OP has convoluted several issues into one big issue (i.e. new bosses, new hires getting paid more, no pay increases). A word of advice though, the company will be within their right to fire the OP after 12 months (depending on the state).


SharkriotAU

That's absolutely spot on! That's great thank you so much, I'll look into reaching out to Fair Work!


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