Fit for work assessment

[DannyG]

Hello all

i am in need of help. I have been having panic attacks at work recently. Today my HR department have asked me to have my GP fill out a fit for work assessment. It has particular questions that basically ask if I am able to do my job. This frightens me as I think it means that my employer are trying to fire me. Has anyone ever had to have one of these filled out? What did you do? What happened?

[Not_Batman]

Hi DannyG

yes, i have had this happen to me. Its not a good feeling, especially when you’re in a very low state.

so my doctor was sent a letter with a list of my normal duties, when i reviewed these with my doctor she was of the opinion of yes i could do them but to have them Reintroduced gradually.

So got to work, and im immediately put back onto the jobs that were triggering me, no reintroduction process. Hey guess what happened...panic attacks. So im off work again and my employer refuses to accept anything that comes from this doctor. So i have to get referred to a more senior doctor, and guess what his letter back to the employer was ... A Gradual Reintroduction!!!

well this wasnt enough, so a little bit of a battle ensued over a few months, all while im already suffering, and trying to get better. The employer sends me to an independent medical examiner IME. By this stage i was doing a lot better mentally, but was still petrified of how the IME would do the psych examination.

The IME was perhaps the most uncaring person i have ever met, and i thkught the result would be bad. I didnt get any warm fuzzy feeling from the exam at all.
a couple of weeks later the report comes back, and guess what it said...i was ok to return to work on a gradual reintroduction.

so it took nearly 6 months and 3 doctors to say i was fine to return to work.

in the 6 months i had a free legal consult and laid out the facts. I honestly thought i was being forced out of my job. They offered me a new position with a severely reduced pay package ( a demotion). The lawyer said it sounded like they were gearing up to fire me. Way to kick a person when they are already down hey!?!

It turned out ok in the end. I did everything that was asked, but i have a serious mistrust now for my boss, and HR. I learned they are not my friends as i once thought, only there to protect the company from you.

Not_Batman

[Not_Batman]

Following on, the point i want to make is that while the work situation is important, and was always eating at me, focusing on my health was the #1 priority.

I blamed work for a lot of the anxiety issues because they didnt help me no matter how much i asked. So being scorn didnt help.

Im back working with the same company, in a different role (not the demotion that Was offered) and trying to repair those broken relationships.

I hope that gives you some idea of what to expect.

Not_Batman

[missep123]

Hi DannyG,

I have not had this experience but I wanted to comment on your post to show some support. It might be an idea to speak to your GP about your concerns as they may have more knowledge about this situation and can answer any questions that you may have.

Here for you

[DannyG]

Thank you Not_Batman I really appreciate your response. I’m baffled as to why I am being asked for this form as I have not been off work ? I really appreciate your help thank you

[Summer Rose]

Hi DannyG

I am sorry that you are experiencing panic attacks and that this is happening at work.

Your employer has a duty of care to provide you with a safe workplace, so if they are aware of the panic attacks they really should be asking for the fitness for work assessment. They need information to be able to help you.

However, what your employer does with that information depends very much on whether they genuinely want to assist you (some employers will do this) or whether they don't.

Some employers may fear that keeping you in the workplace will lead to a very expensive Workcover claim or lost productivity, etc. However, they can't terminate your employment for being unwell, so then they try more subtle methods to basically force you to leave. In this circumstance, HR is not your friend.

However, you do have rights in this situation.

I am going to suggest that you call FairWork. They will tell you what the employer's obligations are to you and then you can start thinking about what you want from your employer to keep you safe and healthy at work.

I see it this way. What you need from your employer is an "equitable work plan" that will enable you to access the workpkace and perform your job on a level playing field with your non-panic attack experiencing peers. Anything less would be discriminatory based on your mental health condition.

If I were you, I would discuss this with your GP and FairWork and be very much on the front foot about what you need from your employer. You will soon get the vibe of whether or not your employer is going to do the right thing.

I should clarify that I am not a lawyer. I am an employer.

I would be very curious to know how you get on.

Kind thoughts to you

[Not_Batman]

DannyG

i can agree with SummerRose. It is a very logical rundown. Logic for me , when i was in the position with anxiety, was non existant.

Summer Rose

Thank you for the contribution, i wish i had had this information a long time ago, unfortunately i had to do it the hard way. It is great to get an employers point of view.

Not_Batman

[Summer Rose]

Hi Not_Batman

You are spot on. When someone is unwell it is very difficult to make sound decisions and know what to do. Please, don't ever be hard on yourself--it's a terribly difficult position to be in. You would have done your best at the time.

Not all employers are bad. Some, like me, "get it" and try very hard to fulfill their obligations. I work with many people in my industry and have had discussions with WorkSafe and the Fair Work Commission about achieving better outcomes for people experiencing mental health conditions in the workplace. What I'm saying is, never give up. There are a lot of people working behind-the-scenes to create a better world.

Kind thoughts to you

[Not_Batman]

Hi Danny G.

how did the work situation pan out?

i hope the panic attacks have smoothed out.

Not_Batman

[DannyG]

Hi Summer Rose

things have progressed. I got my GP to send the letter that HR required. I heard nothing for two weeks so I tried to put it out of my mind.

then today HR called me and told me that tomorrow I have an appointment with a psychologist, chosen by my employer and that I must attend this appointment. HR say that this is because the letter from my DR did not give enough information on how to help me.

im feeling very scared that i will be fired. If this happens I don’t know how I will recover.

any advice would be appreciated.