On the face of it the answer to this would normally be no.
If an employee is medically certified as sick then they should not be working for health and safety reasons and working from home is no exception.
However, employers can consider having the employee medically assessed to determine as to what extent the sickness or injury affects their ability to work.
If the only reason they cannot work is because they cannot travel to work then working from home may be an option.
However, Employers need to be mindful that they are responsible for ensuring that the employee’s home environment is fit to work in. So it is important that the organisation has an adequate working from home policy in place.
See also: Importance of Internal Communication Within the SME
Hi there
I have been booked of by my house Doctor but have been working from home. The company is now deducting sick leave and normal leave and if used up unpaid leave from me. Is this legal?
Lynette,
Best to check your employment contract and discuss with your solicitor.
Seamus