Question

Thursday, April 17, 2014

Q: I have been out sick for 3 years,what are my entitlement and rights when i return.How will my length of service be calculated i started in 2000.

 

A: This really depends on what happened in the 3 year period you were out sick. 

Did you keep your employer informed about your illness/ recovery and likely return date? 
How has the employer managed in your absence? 
Are you fully fit for work and to do the same job as you were employed to do when you went on illness? 
If not would the employer be able to accommodate you in another role or adapt the job to any disability you may have? 

There are many related questions and it is not possible to give a definitive answer based on the information you provide. 

Because of the long duration of your illness, you may have frustrated the contract between you and your employer and in this case it would be possible for the employer to terminate your employment.