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Dealing with Employee Sickness and Absence in the Workplace
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Most staff will, at some time, need to take sick leave from work and in most cases this won’t cause their employer any problems.
However, some cases of sickness absence do give rise to potential issues, which must be dealt with swiftly by employers in order to avoid negative effects on productivity and staff morale, according to Rob Tice, partner and head of employment law at Derby law firm Flint Bishop:
“If left unchecked, ineffective management of employee absence and sickness can cost companies huge amounts of money in lost hours. It is estimated that unauthorised absence costs the UK economy around £10bn - £12bn every year. The worst time of year for employees to call in sick is early February, with Monday February 1 dubbed 'National Sick Day' this year.
“A recent survey showed that in 2010, work absenteeism equated to 2.8% of working time, the equivalent of an average of 6.5 days per employee at a cost of £553 per head.
“The management of employee absences has taken on added significance in the current economic climate. Good businesses have appropriate systems in place to manage unexpected staff absence and ensure that staff follow notification procedures, receive sick pay either under the statutory and/or company sick pay schemes and undertake return to work interviews and/or complete self certification forms on their return.
“There are various forms of absence and each needs to be handled differently. Unauthorised absence is when an employee is off work with neither their employer's permission nor a statutory or contractual right to be so. This doesn't include holiday, genuine sickness, family-related leave or statutory-entitled days (e.g. time to look for work in a redundancy situation).
“Even though unauthorised absence can be a disciplinary offence, it is important to investigate each instance and hear the employee's explanation before taking further action.
“Reasons for absence can range from the unimpressive 'Monday morning syndrome' to the genuinely necessary and constitute differing lengths of time, all of which must be taken into account when deciding what action an employer should take.
“A pattern of frequent, short-time absences may give cause for concern, either because you suspect the absences are not genuine, which may be a disciplinary matter, or because the frequency of absences is having a detrimental effect on your business.
“Frequent, short-term absences can prove particularly problematic as they are difficult to plan for and can frequently disrupt the day-to-day operation of a business, as well as having a negative effect on colleagues.
“Early concerns about the level of an individual's absence should be raised at an appropriate Return to Work discussion. Employees are frequently unaware of their level of absenteeism - bringing it to their attention, along with a discussion about factors that may be affecting their health can lead to an early and informal resolution of the problem. If levels of absence fail to reduce, employers should take formal action.
“Employers faced with employees on long term sick leave or who suffer frequent shorter periods of absence as a result of illness are often in a difficult position. As the laws relating to sick leave and discrimination have become more extensive, it is more important than ever to have a sickness policy in place.
“If an employee’s attendance does not reach acceptable levels then, at some point in your attendance management process, the employer may reach the stage where they are considering dismissal.
“An employee’s inability to perform the job he or she is paid to do is a potentially fair reason for dismissal.
“However, employers have an obligation to ensure they behave fairly and reasonably and do not discriminate. Preliminary investigation and an accessible support network are, therefore, important tools as employers should ensure they are in full possession of all the facts before considering dismissal as an option.
“Whatever the issue, employers should seek professional advice on their options at the earliest sign of a problem.
For further information, contact the employment law team at Flint Bishop on 01332 226 144.
*Research from online HR intelligence source XpertHR.
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