Features

Childcare Counsel

Our resident employment lawyer Caroline Robins, principal associate at Eversheds, answers your questions

Q About two months ago, one of the nursery’s employees broke her leg while on holiday. She is now fully mobile and wants to return to work. However, the nursery is worried that she is rushing back to work too quickly and would prefer her to remain absent for a further few weeks. Can we delay her return?

A The nursery has a legal obligation to protect its employees’ health and safety at work, and therefore has the right to require an employee to remain away from work in the event that it has genuine concerns regarding that employee’s fitness.

However, the employee may be entitled to receive full pay while she remains absent. This will ultimately depend on the basis of the nursery’s belief that the employee is not yet fit for work.

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