SICK LEAVE
Off sick or off work?
By Maria Passemard (Brachers Solicitors) - 10/Jun/2008

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The morning email or telephone call informing us that our colleague is unwell is not an unusual occurrence. General sickness policies normally set out how to deal with such absences but how is it best to cope with intermittent short term or long term sickness absence?

Some employers make the mistake of waiting too long before starting to manage sickness absence. You should refer to your sickness or absence procedures and relevant provisions in the employee’s contract of employment and keep a confidential paper trail of all medical records, correspondence and telephone calls with the employee during sickness absence. This will not only enable you to take appropriate action as soon as possible but will also ensure that you maintain a consistent approach in relation to the treatment of all absent employees.

Intermittent Short Term Sickness

(“Monday and Friday absences”)

If an employee is taking a lot of short term sick leave, it is important to investigate whether there is an underlying cause for the absences and whether they might be work-related. Solutions to tackle any work-related problems should be considered. If the absences are not work-related, where necessary, capability or disciplinary procedures should be followed and formal warnings given. Whilst following these procedures youshould try to offer practical guidance and assistance and tell the employee what improvement is required and the timescales for that improvement.

Long Term Sickness

(generally over 4 weeks absence)

If you have an employee who is absent for a long period of time you should investigate the cause of the illness and the likely duration of the absence by obtaining relevant medical details. You will need the employee’s consent to obtain their medical records. Once the length of absence is established you will be able to arrange the necessary cover during that time.

Written records should be kept throughout the period of absence of any correspondence with the employee. The amount of contact which you should maintain with absent employees will vary depending upon their role within the business and the reason for their absence. Use any contact to discuss/plan the employee’s return to work and to discuss any adjustments which could be made to assist their return to work. Care should be taken not to make the employee feel pressured about returning to work too soon. Similarly do not leave such discussions so long that the employee feels discouraged from returning to work.

General considerations

You should consider (regardless of the length of absence) whether the employee might be disabled within the meaning of the Disability Discrimination Act 1995 (as amended). You may need to obtain specialist medical evidence. Consider making reasonable adjustments to the employees job role, hours of work etc.

Throughout the procedure, consult with employees about adjustments that could be made or alternative positions that might be available to facilitate their return to work (or reduce their intermittent absences from work). Having considered these and the impact and cost that their absence is having on the business, if dismissal becomes inevitable, ensure that the disciplinary/capability procedures and the statutory three step dismissal procedure are followed.

Remember…
Sickness costs employers millions of pounds every year. In a world where websites such as “How to call in sick when you just need a day off” exist, it is vital to put good policies and procedures in place to deal with sickness absence and ensure these are followed consistently in the workplace.