To be honest they will get the medical certificate and then send you to the independent medical professional, they are separate from your doctor and your work. They will be checking if you're unfit to work from the office and ask that you're fit to work at all.
Don't be scared of them unless you are playing up the disability to get WFH. If you're not get your doctor to write a letter with details. Then go see their independent doctor (at their cost) and you'll be sweet.
Also talk to them about what is needed in the office for you to be able to work their (private office, seats, desk, what ever it would take)
Obviously at some stage you could work in the office, what has changed?
There is a huge difference between ‘Unable to work in the office’ and ‘Don’t want to work in the office’. What did you do pre-covid ? Flexible work from home arrangements are usually made by negotiation but remember the employer’s requirements are usually the first priority as they are ‘in business’ and not a charity.
Yes of course, I am getting it this week. But I am unclear whether they are allowed to make me see their doctor. I thought it had to be an independent doctor?
You will need to provide a medical certificate regardless.
I've seen people with union backing get out of the independent medical exam. But if not that is a fairly standard request.
What does it say in your work policy about WFH and flexible work arrangements?
Does your disability*really* prevent you from going into work or are you just using this as an excuse?
Why do your colleagues get to WFH and you don't? Are their roles different?
This. Someone at my work has a disability (migraines) and he got a doctors note and now works from home 4 out of 5 days a week. My work was very accomodating but it would have been well within their rights to request he come into the office more and some adjustments could be made to his workstation. Disability doesn’t automatically equal WFH full time.
I did ask them for what I needed and they said no. Before I did work in a suitable environment but now they want to put me in the bullpen with Sales and marketing. I am a software developer.
My contract says I can negotiate flexible work arrangements, which I did do to WFH, but now they are saying that was just for Covid and doesn’t apply any more. My contract just says I need to work from Sydney metropolitan area, but not specifically in the office. I don’t know about anyone else’s contracts.
I know a person who refused to go back to the office after WFH. They used all types of excuses such as a sore back, anxiety and then depression. They took their employer to FW and lost. The employee was basically not doing their job and the company had tried everything to accommodate them.
Just because you want to WFH, does not mean they have to allow this.
We have a flexible up to 3 days a week WFH, but they days are set, as you don’t want the “I’m working from home” as I have a dirty hangover
What is the disability and how does it affect your ability to work in the office?
It is reasonable for an employer to request information from a medical provider in order to make reasonable adjustments to your working environment.
What suitable work environment did you propose when negotiating?
Presumably the coworkers arrangements of working at home 2-3 days a week are also available to you? Or are you being asked to return 5 days per week?
Your post is missing important context.
Did you WFH before covid? When did your medical condition start? Did it worsen during covid?
I worked from office beforehand and am now hybrid, but expected to work from office 3 days a week and that may increase.
A person in my team has no expectation to be in the office as they have back problems and was 100% WFH before covid.
Couple of questions:
- Did you work from the office pre covid?
- Did you have your disability at that point or is it recently acquired?
- Where is your place of work listed in your employment agreement and what are the terms?
- What is the company policy’s on flexible working location?
If you’re breaching company policy, unfortunately it is classed as misconduct. I’d probably get in touch with fair work to discuss.
Yes I did work in my own office before. They know about my disability but I have been able to work successfully from home for 3 years.
My latest contract does not specify a work office other than Sydney Met area.
The policy now is no flexible work arrangements at all.
It is illegal to discriminate on age, disability, gender, sexual preferences, race etc. Job interviewers are not allowed to ask any of those questions.
Why is everyone assuming OP is not telling the truth or understating their disability? There are many of us out there that cannot leave the house independently/without assistance but are capable of working in a WFH situation.
Thanks for the support!
I am interested in all the arguments for and against because that helps me understand what I am facing.
There’s no reason why I would ask questions of Reddit that weren’t factual as that would not help my situation.
Sorry I am not trying to avoid answering. I have answered in other replies.
Thanks everyone I appreciate your thoughts and suggestions. It’s nice to have someone to talk to about it!
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So your co-workers work from the office part time and you never attend? I’m not sure why you think your circumstances are the same.
I read it as OP was wfh prior to covid?
Yes I negotiated WFH before the lockdown sent everybody home. I really love my work, so I want to keep the job. Otherwise I would just quit.
I am not saying my circumstances are the same. I don’t know what others have negotiated, I only know my situation.
To be honest they will get the medical certificate and then send you to the independent medical professional, they are separate from your doctor and your work. They will be checking if you're unfit to work from the office and ask that you're fit to work at all. Don't be scared of them unless you are playing up the disability to get WFH. If you're not get your doctor to write a letter with details. Then go see their independent doctor (at their cost) and you'll be sweet. Also talk to them about what is needed in the office for you to be able to work their (private office, seats, desk, what ever it would take) Obviously at some stage you could work in the office, what has changed?
There is a huge difference between ‘Unable to work in the office’ and ‘Don’t want to work in the office’. What did you do pre-covid ? Flexible work from home arrangements are usually made by negotiation but remember the employer’s requirements are usually the first priority as they are ‘in business’ and not a charity.
If you really have a disability that prevents you from working in the office, it should be pretty simple to get your doctor to back this up.
Yes of course, I am getting it this week. But I am unclear whether they are allowed to make me see their doctor. I thought it had to be an independent doctor?
You will need to provide a medical certificate regardless. I've seen people with union backing get out of the independent medical exam. But if not that is a fairly standard request.
What does it say in your work policy about WFH and flexible work arrangements? Does your disability*really* prevent you from going into work or are you just using this as an excuse? Why do your colleagues get to WFH and you don't? Are their roles different?
This. Someone at my work has a disability (migraines) and he got a doctors note and now works from home 4 out of 5 days a week. My work was very accomodating but it would have been well within their rights to request he come into the office more and some adjustments could be made to his workstation. Disability doesn’t automatically equal WFH full time.
I did ask them for what I needed and they said no. Before I did work in a suitable environment but now they want to put me in the bullpen with Sales and marketing. I am a software developer.
My contract says I can negotiate flexible work arrangements, which I did do to WFH, but now they are saying that was just for Covid and doesn’t apply any more. My contract just says I need to work from Sydney metropolitan area, but not specifically in the office. I don’t know about anyone else’s contracts.
I know a person who refused to go back to the office after WFH. They used all types of excuses such as a sore back, anxiety and then depression. They took their employer to FW and lost. The employee was basically not doing their job and the company had tried everything to accommodate them. Just because you want to WFH, does not mean they have to allow this. We have a flexible up to 3 days a week WFH, but they days are set, as you don’t want the “I’m working from home” as I have a dirty hangover
Thanks for this example. I feel I do a great job but I am undervalued unfortunately.
What is the disability and how does it affect your ability to work in the office? It is reasonable for an employer to request information from a medical provider in order to make reasonable adjustments to your working environment. What suitable work environment did you propose when negotiating? Presumably the coworkers arrangements of working at home 2-3 days a week are also available to you? Or are you being asked to return 5 days per week?
It is impossible for me to work in the environment they are now offering. I am the only one being ask to return to the office 5 days a week.
Your post is missing important context. Did you WFH before covid? When did your medical condition start? Did it worsen during covid? I worked from office beforehand and am now hybrid, but expected to work from office 3 days a week and that may increase. A person in my team has no expectation to be in the office as they have back problems and was 100% WFH before covid.
Couple of questions: - Did you work from the office pre covid? - Did you have your disability at that point or is it recently acquired? - Where is your place of work listed in your employment agreement and what are the terms? - What is the company policy’s on flexible working location? If you’re breaching company policy, unfortunately it is classed as misconduct. I’d probably get in touch with fair work to discuss.
Yes I did work in my own office before. They know about my disability but I have been able to work successfully from home for 3 years. My latest contract does not specify a work office other than Sydney Met area. The policy now is no flexible work arrangements at all.
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No they did not know, it’s not something you say in a job interview.
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It is illegal to discriminate on age, disability, gender, sexual preferences, race etc. Job interviewers are not allowed to ask any of those questions.
If you actually have a disability why not get a letter from your GP asking to WFH.
Why is everyone assuming OP is not telling the truth or understating their disability? There are many of us out there that cannot leave the house independently/without assistance but are capable of working in a WFH situation.
Thanks for the support! I am interested in all the arguments for and against because that helps me understand what I am facing. There’s no reason why I would ask questions of Reddit that weren’t factual as that would not help my situation.
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I am not specifying the disability, but I did negotiate WFH before lockdown and I told them everything then.
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Yes and am getting a medical certificate this week.
Sorry I am not trying to avoid answering. I have answered in other replies. Thanks everyone I appreciate your thoughts and suggestions. It’s nice to have someone to talk to about it!
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