Myth-Busting
If you’ve read Part 1 Putting your house in order and Part 2 Getting a Grip then you will by now appreciate that managing sickness absence is a good thing to do. You’re paying for the employee and you need them to be regularly available to do their job to the best of their ability.
However, we know that managing sickness can be tricky and we sometimes think that we are not allowed to address issues. This is usually because medical professionals are involved, there are disability discrimination considerations and there is lots of ambiguity.
I’ve set out below some of the most common myths associated with managing sickness.
- I am not allowed to call my employee at home, especially if they are off sick with work related stress
It is important that you keep in contact with your employee but not too frequently and not in such a way that it could appear that you are pressurising them to return to work. You will need to exercise your judgement depending on the circumstances. Avoid contacting them outside of normal working hours.
- If someone is off sick, they cannot go on holiday.
An employee can take a holiday using their annual leave while off sick. Someone may not physically be able to work but is physically able to take a holiday. In some cases, a holiday may aid recovery.
- There is nothing I can do about an employee who hasn’t submitted a Fit note after seven days of being off sick.
If someone has not produced a ‘fit note’ or other medical certification then the absence could be treated as unauthorised. Your sickness policy should make this clear. Depending on your policy you might be able to withhold pay or take disciplinary action. As with all things, be reasonable and ask the employee for the reason for non- submission of the Fit note before you take any action.
- I will have to pay someone for the whole day if they go home sick after only working an hour or two.
You are only required to pay someone for the number of hours worked. However, if your sick pay policy says something different then you must follow that.
- I cannot allow my employee to return to work before the date indicated on their fit note.
If a Doctor has certified that the employee is unfit to attend work for a defined period, it is usually preferable that this advice is followed. They are, after all the qualified professional. If you do want to allow someone to return to work early you would be advised to exercise caution and ensure that in doing so there are no health and safety risks to the employee or to any other people who could be affected by their actions/inactions. If you are unsure, seek advice.
- My employee cannot be dismissed because their sickness absence is covered by a Fit Note.
If you have an employee who is persistently off sick or who is on long term sick it is possible to dismiss them. This should be the last resort after you have explored the reasons, prognosis, whether there are reasonable adjustments to the job that could be made etc. Your contract with them is that they work for you in return for pay. If they are not able to provide regular attendance after careful consideration of all the evidence then dismissal is a possible outcome.
If you need assistance dealing with sickness absence cases contact Erica at the HR Dept Solihull for advice and support. Tel: 0121 217 8038 Email: Erica.Burke@hrdept.co.uk
