Sickness Absence - Checklists To Improve Its Management

Managing sickness absence is a perennial hot potato for Human Resources managers everywhere.  And there is  no easy solution.  Illness and accidents are a fact of life.  This means that managers need to be equipped to deal with ad hoc short-term absence, as well as absence which becomes more long term.  And of course, part and parcel of managing sickness absence is dealing with malingering employees.   All in all, it is easy to see why managing sickness absence is such a difficult issue. 

However, no matter how tempting it is to sweep this issue under the carpet, managers who do not deal with sickness absence head-on are lining themselves up for trouble.  Employees remaining "on the sick" and disability discrimination claims are just two of the areas for concern.  The key ingredient for success is an effective and properly communicated absence management policy which is backed up by a pro-active management attitude.  Here we take a look at how to manage short-term and long term absence.

Short-Term Sickness Absence

Employers are unlikely to be too concerned about a one-off short period of sickness absence.  However, where an employee's sickness absence becomes persistent the disruption and detrimental effects on the business can be severe and action will need to be taken to improve the employee's attendance or, ultimately, to dismiss them if no improvement is forthcoming.   
The use of a disciplinary procedure is inappropriate for cases of genuine sickness absence.  Instead, employers should have a short-term absence management policy in place which sets out the levels of sickness absence which will trigger implementation of a consultation process with the employee.   This should involve discussions with the employee, opportunity to improve attendance and consideration of whether medical evidence should be obtained.

A general checklist for dealing with short-term sickness absence is as follows:

• Establish the number of occasions of sickness absence and the reasons given for each individual period of absence.  Check whether the employee has complied with your company's reporting procedure.
• Quantify the impact which the absence is having on the business.
• Arrange a meeting with the employee to explain the concerns relating to their attendance.  Stress that the intention is to assist the employee to improve their level of attendance and to investigate whether there are any external or mitigating factors which should be taken into consideration.
• Try to establish whether the short periods of absence indicate an underlying health problem and whether the employee should be referred to occupational health.
• Consider, having investigated the matter, whether the matter may be resolved informally (for example where the employee confides that they are having personal problems and you are willing to work with them to try to achieve an improvement in attendance levels) or whether the level of non-attendance has reached a point where you are able to say "enough is enough", requiring formal action.
• Where formal action is necessary arrange for a meeting to take place at a suitable location.  Advise the employee in writing of the reason why the meeting is taking place, providing full details of the concerns about their attendance, the arrangements for the hearing, their right to be accompanied to that meeting and the potential consequences of the meeting.
• At the meeting address the concerns about the employee's attendance levels and quantify the adverse effect which this is having on the business.  Ask the employee to respond to and comment on these concerns.
• Probe for any mitigating circumstances and/or underlying health problems which might be present.  Take into consideration any medical reports, where appropriate.  Ask the employee to suggest how their attendance might be improved.
• Summarise the key points of the employee's response and seek their confirmation that you understand it correctly.
• Adjourn the meeting for a short while to consider your decision and any possible solutions.  Take into consideration the level of poor attendance, any support already provided, their record and any mitigating circumstances.  Consider whether an improvement in attendance is likely.
• Reach a decision and recall the employee to explain it.  Where a caution is given, outline the period during which you expect the employee to demonstrate a marked improvement in attendance.
• Confirm the decision in writing and advise the employee of their right to appeal.
• Where appropriate diarise the end of the period during which an improvement in performance is required, in order to arrange a review meeting with the employee.
• Ensure all notes of the proceeding are collected and placed on the employee's personal file.

Long-Term Sickness Absence

Long-term sickness absence is usually the result of a debilitating condition, preventing an employee from returning to work.  However, it can also be the result of poor management with employers often reluctant to address the situation, feeling that their hands are tied and that they are "stuck" with an absent employee.  However, this need not, and should not, be the case.  

Employers should have a long-term sickness absence policy which comes into effect once sickness absence reaches a certain level.  The policy should provide for consultation with the employee, opportunity to improve attendance, (including consideration of any measures which would allow the employee to return to work), and obtaining medical evidence.  Employers should always bear in mind that the employee may be disabled within the meaning of the Disability Discrimination Act 1995 and should take legal advice if necessary before making any decisions.  Effectively managing long-term sickness absence in this way should result either in the successful rehabilitation of the employee to work or, if this is not possible, the termination of their employment. 

A checklist for dealing with long-term sickness absence is to :

• Review the length and nature of the employee's absence.  Check whether the employee has been referred to occupational health and/or whether additional medical evidence is available.  Where appropriate arrange for medical evidence to be obtained.
• Check whether there are any indications when the employee might be fit to return to work.
• Quantify the impact which the employee's continued absence is having on the business.
• Maintain contact, ideally by meeting with the employee, to discuss their progress, to understand the nature and impact of their condition and, if relevant, to discuss their return to work.  Discuss whether there is anything that can be done to assist the employee, for example making adjustments to their hours of work or the role itself.
• Assure the employee that any suggestions or options will be given due consideration.  If a return to work appears unlikely, then unless any other alternatives are open (i.e. acceptance for permanent health insurance) then dismissal on grounds of ill health may be the only option.  Advise that no decision will be made until the matter has been given full consideration over a further specified period of time.
• Arrange for further medical evidence to be obtained where appropriate.
• If dismissal is a likely outcome then arrange for a formal meeting to take place.  Advise the employee in writing of the reason why the meeting is taking place, the arrangements for the hearing, their right to be accompanied to that meeting and the potential consequences of the hearing.  
• At the hearing introduce those present, explain the purpose of the meeting and how it will be conducted.  Check that the employee is well enough to continue.
• Explain the concerns about the employee's absence and quantify the adverse effect which this is having on the business.
• Ask the employee to respond to and comment on these concerns.
• Take into consideration any medical reports, and prognosis for return.  Ask the employee to suggest any adjustments which might enable them to return.
• Summarise the key points of the employee's response and seek their confirmation that you understand it correctly.
• Adjourn the meeting to consider your decision and any possible solutions.  Take into consideration the impact of the employee's absence, any support already provided, their record and any mitigating circumstances.  Consider whether a return to work is likely and whether entitlement to contractual sick pay has been exhausted.  
• Arrange to meet the employee again to convey your decision and present them with written confirmation of the decision and appropriate details relating to the termination of their employment, where relevant.  Advise them of their right to appeal.
• Ensure all notes of the proceeding are collected and placed on the individual's personal file.

For further information, guidance and advice on this topic, please contact Jonathan Hearn - tel: 0207 796 6637; mob: 07968 558 759; email: jonathan.hearn@dlapiper.com