How to manage staff absences.
Absences from work can be very disruptive to a business.
Persistent staff absences can lead to difficult situations and
often employers cast doubt over the genuineness of frequent, short
term absences.
As an employer, what are my obligations?
Employers are required to provide employees "with any terms
and conditions relating to incapacity for work due to sickness or
injury, including any provision for sick pay". This
is usually a policy in a staff handbook or on a company website,
although it can be in the employment contract. Having a well
drafted policy in place will allow employers to deal with staff
absence consistently, it will also clearly set out the obligations
of employees when they are absent from work.
Do I have to pay employees when they are off sick?
There is no statutory right to be paid for absence from work due
to sickness although some employment contracts will entitle
employees to a payment. In the absence of any written
agreement, if an employer has always paid an employee it may become
an implied right. For this reason, it is always best to have a
written policy.
Many employers choose to provide only statutory sick pay (SSP)
and employees will be entitled to SSP if they are eligible.
The rate of SSP is currently £86.70 (March 2014) and lasts for up
to 28 weeks.
Keep a record
It is vital to keep records of levels of staff absence to
highlight patterns or potential problems. Absence records can also
be used for other aspects of the management of the business, for
example to back up management decisions on a change of policy or
for redundancy selection - although tread carefully where absence
is related to a disability or to pregnancy and maternity.
When absence becomes a problem
Often, absences can be dealt with informally but if absence
becomes an issue, an employer should aim to investigate further why
the absence is continuing, when the employee will be likely
to be able to return to work or, for short term, intermittent
absences, when attendance levels might be improved.
Short term/intermittent absences;
Before any formal action can be taken it is important to
identify what absence levels would be deemed problematic and if a
particular employee has exceeded those levels. For this reason, as
part of your sickness policy, it is a good idea to set a level
which, if exceeded, will trigger further investigation.
If absences are a problem or an employee has reached a trigger
point you should consider;
- The effect of absence on colleagues, department and the
business overall.
- The likelihood of continuing absence and its impact.
- Whether there are changes that could be made to reduce absence
or the effect on colleagues and the business.
- Whether the employee has a disability and, if so, whether there
are any reasonable adjustments that could be made.
- If there are any other factors affecting attendance such as
personal problems or stress at work.
- Whether it is appropriate to give a formal warning that
attendance levels need to improve.
An employee should be given the opportunity to state their case
and suggest ways to improve attendance. If you intend to start
formal disciplinary procedures you should ensure that this is done
fairly, reasonably and with appropriate warning if dismissal is a
likely outcome.
Long term absence
Long term absence is usually a more thorny issue and, in many
cases imposes the increased duty on employers to consider whether
any reasonable adjustments are necessary to facilitate a return to
work. Essentially an employer should seek to discuss with the
employee;
- The likely date of return setting out arrangements for future
contact, further medical review. This will ultimately lead to
the question of whether the employer and the business can continue
to wait for the employee to return.
- Whether the employee perceives they can return to their
previous job and what adjustments can be made.
- If there are any alternatives the employee may wish to explore:
redeployment or application for employment benefits.
- Whether the person has a disability and, if so, whether there
are any reasonable adjustments that should be made.
If any formal approach is adopted where dismissal is a possible
outcome employers should seek to gain specialist medical advice
from an independent specialist doctor or occupational health
expert. It is advisable to act in accordance with any
recommendations in medical reports unless there is a good
evidence-based reason not to do so.
If dismissal is contemplated it is essential to carry out a
proper investigation and to follow a fair procedure to avoid claims
of unfair dismissal. Even if you think (or have evidence)
that sickness absence is not genuine, you should still carry out a
full investigation and follow a proper procedure if dismissal is an
option.
For further information on managing staff absences
please contact our Head of Employment Law,Nicole Humphreyson08458
678978 or
email: Nicole.humphreys@acumenbusinesslaw.co.uk