If you have a long term injury or illness which has affected your ability to work, your employer may ask you to consider medical retirement. Before making any decisions about medical retirement, it's crucial to understand your rights under New Zealand employment law.
In order for an employer to consider offering you medical retirement, they must reasonably believe that you are no longer able to do your job. If you're being asked to take medical retirement, consider the following:
Is medical retirement being suggested as the only option, or have other accommodations been explored?
Has there been a thorough assessment of your ability to perform your duties with or without adjustments?
Are there other factors, such as your employment agreement, workplace policies, and any collective agreements, that may apply. These documents can provide insight into your entitlements, including sick leave, medical benefits, and any procedures for medical retirement.
Before committing to medical retirement, you might like to explore other options that may allow you to remain in the workforce, even in a reduced capacity. These might include:
Requesting flexible work arrangements, such as part-time hours or remote work.
Seeking a role within your organisation that better accommodates your health needs.
Taking extended leave to focus on recovery, with the possibility of returning to work later.
Your employer is required to consider reasonable accommodations to support you in the workplace. While your employer is not required to retain an employee who cannot fulfil their role owing to illness or injury, they do have a duty to provide a safe work environment, including making reasonable accommodations for employees with health issues.
Employers also have an obligation under Accident Compensation Act 2001 in relation to work related or vocational rehabilitation following an injury - whether it be work related or not. If they haven't explored these options, it may be worth initiating a conversation about how they can assist in maintaining your employment.
Being asked to consider medical retirement is a profound and personal decision that affects various aspects of your life. It's not a choice to be made lightly or without thorough consideration of all factors involved. If you find yourself facing this challenging situation, ask for help from an expert. mathewswalker.co.nz | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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