Managing sickness absence

When an employee calls in sick, the employer needs to determine what kind of sickness absence it is. For most winter bugs – coughs, colds and the like, it will be short-term but there are several other kinds of absence that employers need to be familiar with; they’re all different and they’re all handled in a slightly different way.   

  • Short-term – absences lasting from a few days to up to four weeks 
  • Long-term – usually defined as absences lasting continuously for more than four weeks, or where there are a series of short-term absences which add up to a total absence record of more than four weeks in a 12-month rolling period. However, the employer’s policy may define it differently 
  • Persistent intermittent – where employees have a few days off work at a time but at regular intervals 
  • Disability-related – an employee can’t work because of an issue related to a disability 

What sickness absence isn’t

Sickness absence doesn’t cover:   

  • authorised absences 
  • carer’s leave 
  • time off to care for dependents for any reason 
  • periods of leave agreed under a parental policy, pregnancy-related absence 

The sickness absence policy

Employers should have a policy that tells employees what they should do if they’re not well enough to work.    

The procedure will usually follow this format (albeit with minor differences depending on the nature of the employer’s business) 

One person is designated to be the point of contact if an employee feels unwell. This could be their line manager or someone in the HR department, if the employer is large enough to have one.  

The employee should: 

  • let their employer know that they’re unwell at the earliest opportunity but at least an hour before their scheduled start time (although this may vary depending on the employer’s policy) 
  • speak to the designated person on the phone. That way, the employee can be asked about the nature of their illness and how long they think they may be absent from the workplace. The employer will then have a better idea of what will be needed to cover the absent employee’s workload.  

If the employee is too unwell to call the designated person themselves, they can deputise a friend or family member to do it for them.  

If required, and it’s available, the employee should provide evidence that they are unwell, although this will depend on the illness.  

While the employee is off work, the employer should keep in touch with them so that any developments in their illness and recovery can be monitored. This information may well change the plans that the employer has to cover the absent employee’s workload.  

When the employee is back from sickness leave, the employer should hold a return to work meeting with them to address the reasons for the absence and what support (if any) they may need to return. If there are any additional appointments that may take place in the future or potential ongoing treatment plans, this is the ideal time to cover that. 

Monitoring sickness absence

Good record keeping is essential in the event of employee sickness absence. This is for a variety of reasons; the employer may suspect that the employee is abusing the absence policy and they need evidence for disciplinary actions, or they dismiss an employee because of medical capability and a tribunal claim for unfair dismissal or disability discrimination is made.  

What should be noted?

  • the reason(s) for the absence 
  • the dates between which the employee was sick 
  • any evidence supplied 
  • whether the employee followed the company policy 
  • notes from the return to work meeting 

Collecting personal data from an employee is covered by any relevant data protection law.    

Evidence for sickness absence

For the first seven days (including weekends) of a sickness absence, employees can self-certify. If the absence lasts longer than seven days, then the employer can require the provision of a fit note from a medical professional.  

A fit note should be checked to ensure that it details:  

  • how long it applies for 
  • whether the employee may be fit for work 

At this point, the employer should take a copy for their records, and the employee should retain the original.  

If they wish, the employer can also accept other evidence that the employee is not fit for work, such as a note from a physiotherapist or consultant.  

In all cases, what they will accept should be set out in the absence policy so the employee knows what they can and can’t provide.  

How can we help?

Legally compliant policies and contracts of employment are key to ensuring that employers can manage sickness absence without ending up facing a tribunal claim or employee discontent.  rradar’s expert legal advisors and solicitors have experience in drafting both policies and contracts and would be happy to guide you through the process and ensure your business is safe and compliant.