Getting Back to Work

Session 4
functionalrecoveryot@gmail.com
To Disclose or Not to Disclose

To disclose…(51,2%) Or not disclose…

Felt job was secure and it was safe to
discuss
Not a big deal; just part of who I am
Health/disability could affect my job, so
I let others know
Others noticed and asked if there was a
problem
Health/disability was getting worse and I
needed to disclose
Can manage at work without others
knowing
Health/disability doesn’t affect my
ability to do my job
People don’t have the right to know
Nothing can be done so there’s no point
in discussing
Concerned about lost opportunities for a
promotion or new job tasks

Gignac, M.A.M., Jetha, A., Ginis, K.A.M. et al. Does it matter what your reasons are when deciding to disclose
(or not disclose) a disability at work? The association of workers’ approach and avoidance goals with
perceived positive and negative workplace outcomes. J Occup Rehabil 31, 638–651 (2021).
https://doi.org/10.1007/s10926-020-09956-1
It’s not always straightforward…
Determine readiness
Your rights as an employer
Duration
Extent
Diagnosis
Work-related impairment
Accommodation
Referral questions
Either more information from treating practitioner or independent referrals
• At employer’s cost
• Linked to work impairment, duration and accommodation

Professional assessment Job

Demands
• Psychiatrist
• Psychologist
• Occupational therapist
Functional
Ability
 Return to Work Recommendations
Functional prognosis – when can employee return to work?
Restrictions – working hours, attending meetings
Adaptations – job responsibilities
Duration - Temporary or permanent?
Further therapy/rehabilitation
Psychosocial Job Demands
Focus – attention to detail, working despite
distractions, task memory
Organising – tasks, time, people, thoughts and
emotion/behaviour
Interaction – working in team, dealing with
customers, responding to authority, communication
Load – deadlines, increased mental/behavioural
demands, tasks requiring effort
Work rehabilitation

ORGANISATI INTERACTIO
FOCUS LOAD
ON N
• Cognitive • Time • Group therapy • Graded
exercises management • Conflict exposure
• Job restructure • Managing management • Stress
• Graded work emotions • Behavioural management
• Job restructure therapies • Workload
review
When an employee returns to work…
You should have remained in some form of contact with the employee during
their absence
You should welcome them with a Return-to-Work discussion
You should have a RTW plan –
either professionally developed or
in careful collaboration with the
employee
Return to Work discussion
Communication with RTW Plan
"How can I help you be successful at work?"
"What will you do to ensure this workplace plan is successful for you?"
"How will we deal with future issues in a way that is healthy for you?"
• When you believe the employee may be unwell
• When the plan is not being implemented in the way it was agreed
• When there are performance management issues
Be prepared for dealing with potential relapses and performance issues –
before they arise
Managing performance
What do you think of this approach?
Useful phrases

"How can I help you be successful at work?"

"What will you do to ensure this works for you?"

"How will we deal with future issues in a way that is healthy for you?"
…
Managing performance
Be clear about expectations

Focus on intended outcomes rather than problems

“This report is full of errors," -  "We need this report to be error-free. What do you
need to make that happen?“
“Do not be late for meetings," - "I need you to be at meetings at least one minute
before they start. How can I help you to do that?“

Relate issues to performance rather than personality

“You are being disrespectful to the team when you're late for meetings,“- "When you
are not present at the beginning of the meeting we miss out on your contribution”
Managing performance (cont)
Engage and support employee in the conversation "What do you find
most challenging?”

Act on concerns

Consider the impact of your management style

Consider both work output and observable behaviour (not personality)

 SKILL

WILL
Addressing Co-worker Reactions
Importance of confidentiality
Assess situation – What do co-workers know? What could be the reasons for
their reactions? What are their concerns going forward? How will they
interact?
Address the fears and concerns – promptly and consistently
Be consistent ito acceptable behaviours of all
Resolve outstanding conflicts
Look at your department’s culture
Consider workloads
 Ultimately, co-workers and the returning
employee must understand that they have a
duty to be professional in their working
relationships and to refrain from harassment
and discrimination in the workplace. There is
no requirement to be friends or to like each
other. The only requirement is professional
and psychologically safe interactions.

• It is safe to take interpersonal risks.

• You won't be punished or humiliated for speaking up with ideas, questions, concerns, or
mistakes. 
• Team members feel confident that no one on the team will embarrass or punish anyone
else for admitting a mistake, asking a question, or offering a new idea.
Addressing team dynamics
Legislation - The ULTRA Quick Guide

Dismissal
NO FAULT FAULT
(counselling) (disciplinary)

Operational Incapacity Misconduct

Requirements
(Retrench) (Board) (Fire)

Poor
Ill Health Performanc
e
SEVERE MENTAL ILLNESS PSYCHIATRY LITE

Progressive or Relapsing/Remitting or
Relapsing/Remitting Remission
Permanent impairment Temp/Perm impairment
Accommodation Rehabilitation

rders Anxiety Disorders

Delusional Diso Adjustment Disorders
Bipolar I Bipolar II
ion
Severe depress Depressive episode

PERSONALITY TRAITS / DISORDERS

Accommodations
Reasonable
Physical environmental changes
Re-organise work station
Adapting training processes
Job restructuring
Adjust working time
Flexible breaks
Working from home
Written instructions
More regular feedback from supervisor
Exclusion from team activities
Provide specialised services or apps
Not reasonable
Creating position
Eliminating essential job functions
Reducing performance standards
Providing treatment
Providing erratic or indefinite leave
Transfer
Promotion
Reassigning another supervisor
Excuse from policies and standards
Direct threat or risk of danger
“Stress free” work environment
 Labour Relations Act
• Misconduct, Retrenchment, Incapacity
• 3 grounds for dismissal
• terminations for incapacity in the instance of ill
health can only happen if health issue impacts
an inherent part of job
South African
Law Summary Employment Equity Act
• Mental Health can be considered as a disability
• Code of Good Practice
• The Disability Code (guideline not law)

Basic Conditions of Employment Act

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 Constitution

• Equality,
South • Dignity
African Law •
•
fair labour practices,
access to social security
Summary -2
Intl: ILO, WHO and UN
Conventions

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 Temporary Disability

Long Term Disability

Disability or
Chronic Chronic Condition but not disability?

Condition
Case of Strydom v Witzenberg Municipality (2008)
where court referred to depression as a disability and
more recently

Legal Aid South Africa v Ockert Jansen

(2020) choose your lane; depression like other
illnesses

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