Medical

Medical incapacity can be one of the most sensitive and challenging situations for any employer to navigate. 💙

At its simplest, medical incapacity is about whether someone is able to fulfil the requirements of their role as contracted. When an employment agreement is signed, there’s an understanding that the employee can do the job, and the employer will pay wages or salary in return. If health or wellbeing means the role can no longer be performed, that’s where medical incapacity comes into play.

The key question is how you get to that conclusion fairly and discreetly. As employers, we are not qualified to decide whether someone is medically fit for work, even though it can feel like that responsibility sits with us. The safest and most respectful approach is to outsource that decision-making to an occupational medical specialist.

With the employee’s consent, a specialist can provide objective advice on prognosis, fitness for work, whether a return to duties is likely, and what supports or adjustments might help. Their report will usually land in one of three places. The person is fit for work, fit for work with conditions, or not fit for work.

If conditions are recommended, it’s important to genuinely consider whether you can accommodate them through a return to work plan. If you can’t, or if the person is not fit for work at all, then you may need to consult on medical incapacity. In many cases, without prejudice conversations can be a more compassionate and effective way to resolve these situations, giving people some autonomy and dignity during a difficult time.

Medical incapacity is complex and deeply personal. You don’t need to manage it alone. If you’re facing a situation like this and want guidance on the right process, reach out! We’re here to help. 😊

✉️ lisa@peopleassociates.nz

📞 027 573 5483

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