What Can You Do If You Are Fit To Work But Your Employer Refuses to Roster You?

If you were out injured from work and your doctor has now cleared you to return, but your employer refuses to roster you, this may amount to a constructive dismissal- which means that you may be entitled to resign and seek compensation. 

It is sometimes the case that employers are cautious about bringing employees back to work for fear that they may suffer further injury or illness. But other times, companies may not want to have an employee who may be considered a “health risk” so they may refuse to roster you. But if you have recovered, you should be allowed to return to work.

It may be that you have to take on a role with lighter duties than the one you used to perform, and if the company can accommodate such a role, that is what they should do.

Here’s what you can do if your employer refuses to roster you in this situation:

State the issue. Write to your employer stating that you have recovered from your injury/illness, yet you have not been allowed to return to work. 

Provide medical documentation. Provide your employer with all medical reports to show that you are fit to work. 

Request a fix. Ask your employer to roster you to return to work, whether in your original role or in a role with lighter duties. 

State the consequence. Inform your employer that if he continues not to roster you, you may have no choice but to consider yourself as having been dismissed. 

It is always best to seek advice in such situations.

As long as you have fully recovered and you are fit to work, there is no reason that you should be kept away from your job. Especially if there is a role with lighter duties that is available, which you would be willing to accept.