Sickness absence management

It is a fact of life that most employees will take sick leave at some point during their employment.

It is important for employers to be able to treat health matters with the right level of sensitivity and support but also in a way so as to minimise the impact sickness absence has on the business.

Managing sickness absence

We assist employers with effectively managing sickness absences within their organisation, including advising on sickness absence relating to a disability or long term health condition. We can help by:

• Advising on and drafting an effective sickness absence policy to reflect best practice taking into account your organisation’s requirements
• Assist you and your managers with carrying out sickness absence reviews and return to work interviews
• Advising on managing and dealing with short term absences
• Advising on managing and dealing with long term absences
• Advising and explaining responsibilities which may arise under the Equality Act 2010 e.g. where the employee’s absence is related to a disability/condition which may amount to a disability
• Assisting with the process for requesting a medical examination and drafting specific queries in relation to an employee’s absence
• Reviewing occupational health/medical reports and what the content means in terms of any formal absence process
• Providing you with sickness absence management training

Sickness absence policy

Whilst there is no legal requirement to have a sickness absence policy in place, it is certainly advisable for an organisation to have one to set out its expectations and also help it manage sickness absence amongst its staff.

Such a policy can include:

• Sick pay terms
• The procedure for reporting absence – when, how and to whom the absence should be reported to
• How absences are managed in the workplace
• How absence reviews or trigger systems will be used
• Details of requiring an employee to attend an examination with an occupational health specialist or requesting a report from the employee’s GP
• How return to work interviews are conducted
• Details in respect of reasonable adjustments – e.g. working from home or a phased return after a period of sickness
• Dismissal procedures

Employers need to ensure that managers/HR are aware of the procedural and legal issues which might affect the way in which they deal with an employee calling in sick. Whoever is the first point of contact should receive appropriate training in taking responsibility for their role in the reporting procedure.

Evidence of sickness

An employer should require evidence of sickness. This will normally be ‘self-certification’ for the first 7 days of sickness. After 7 days, it is normal to request a doctor’s certificate for longer absences.

When an employee is off sick

Employers should maintain an appropriate level of contact with an employee who remains off sick. It is key that a balance is struck between demonstrating concern and offering support but also maintaining sufficient distance so the employee is not pressured in any way.

If an employee is off for a prolonged period then it may be appropriate to keep them in the loop by sending them company newsletters or invitations to events such as a summer or Christmas party.

It is important to keep updated on the employee’s condition. Sometimes it will be necessary to seek additional input from a specialist or the employee’s GP who will examine or consult the employee and advise on aspects such as what support the employer can put in place to help with a return to work or whether a return to work in the near future is likely. In the first instance, an employer will need to notify their employee as to the reasons for requesting a consultation/examination and obtain the employee’s consent to the same.

What if the employee is not genuinely sick?

If an employee has dishonestly taken sick leave or has lied about their absence then this will normally amount to misconduct or gross misconduct. An employer should ensure that where the employee has over 2 years’ service, it carries out a fair investigation and disciplinary process before reaching any decisions in accordance with the ACAS Code of Practice.

If there are concerns or doubts as to whether someone’s conduct during their sick leave suggests they are not genuinely unfit for work then this should be investigated by way of a medical examination or suitably qualified professional. If the employee is not fully fit then the report may suggest ways of supporting or rehabilitating the employee into the workplace.

When absence is a problem

Where absence levels become unacceptable and cause disruption to the business, matters may need to be handled by way of a formal process. An employer should hold meetings with the employee to be able to establish:

• The reasons for their absence
• When they are likely to be able to return to work (normally applicable where the absence is long-term)
• When they are likely to show improved attendance patterns (normally applicable where the absence is of shorter term or consists of frequent absences)

It will also be important to obtain medical evidence regarding the employee’s health/condition and consult with the employee throughout the process.