As freezing rain and ice covered roads cause havoc for many of the commuting public, this recent cold snap also coincides with the recent ‘national sickie day,’ the label applied over recent years to the first Monday in February, which is known as the day on which most employees take the day off ‘sick’.
There may be a variety of reasons why the first Monday in February is particularly prone to being a popular ‘sick day,’ but it highlights for some employers a more deep seated problem of persistent short-term sickness absenteeism, where the genuineness of absence is often in doubt, but employers feel powerless to act.
In reality, employers will find it difficult to prove that an employee is malingering or not genuinely sick, unless an employees is foolish enough to post pictures of themselves having a night out on Facebook! However, employees who are intent on taking bogus sick days will no doubt take measures to cover their tracks. There is now a mobile phone ‘app’ which provides hints and tips to employees on 'pulling a sickie’.
Advice on managing absence
The only real solution for employers, eager to clamp down on persistent short term absence, is to have in place robust sickness absence policies which have the necessary bite and require sick employees to adhere to strict procedures.
For example, your policy should prohibit employees from reporting sick by text or email or sending a message via a colleague and require employees to telephone and speak personally to their line manager on or before a set time (e.g. no later than 15 minutes before they commence work). Adopting a strict approach to reporting absence can make an employee who is not genuinely ill, think twice about taking the day off.
In addition, Employer’s should hold a return to work interview (on the morning of the employee's return to work after a period of absence). This sends a clear message to employees that the business treats absence seriously. You will also obtain more information of the reason for absence and you can explore whether there is an underlying cause for the absence. It is also an opportunity to warn an employee that if their level (or pattern) of absence becomes unacceptable, they may have to be dealt with formally and receive a caution.
Employers should also consider implementing “trigger” points so that when occasions of absence reach a certain level within a prescribed period, a formal procedure can be invoked and (where appropriate) the employee can be cautioned – if you follow a fair and consistent “cautioning” procedure and you have reasonable grounds to do so, ultimately, you can terminate the employee’s employment for persistent short term absence.
There a number of myths surrounding the managing of absence and employees often believe erroneously that they are ‘untouchable’ if their absence is covered by a doctor’s certificate. This is not the case and employers should take active steps to manage both long and short term absence, as effective procedures can reduce absence and deliver real savings for a business.
Some persistent short-term absences (and most long-term absences) may be due to an employee’s underlying medical condition or disability – therefore, where appropriate (or where there is doubt as to the root cause of absence), employers should first seek medical evidence and/or ensure that if an employee is disabled, you do not subject them to unlawful discrimination in the application of your sickness absence policy.
If you need further advice on dealing with absence issues in your workforce, or if you want to consider implementing or amending a sickness absence procedure, our specialist employment team can help.
Employment Law Update – Time to Ring the Changes for 2012
Our Employment Law Team will explain the latest and forthcoming changes in the complex area of employment law and will update you on changes and developments for 2012.
Details of our upcoming seminars in April 2012 can be found by clicking here for our information booklet and booking form.
If you have any comments or queries please do not hesitate to contact Joanne Holborn, Adrian Maitra, or Tom Scaife on 01228 552600. Alternatively, email one of the team at HR@baineswilson.co.uk.
10 February 2012
