Managing Sickness Absence: All You Need to Know

As a business owner, you might not be surprised to hear that sick leave in the UK costs British companies billions of pounds each year – however, what might surprise you is how easily this can be controlled through effective staff absence management. 

Arming yourself with the right tools and knowledge will alleviate stress from the process, so you can navigate through managing sickness absence at your workplace from a business perspective, without compromising the health and well-being of your employees.

This article will delve deeper into what sickness absence management is, when it is required, as well as the legalities involved and much more.

What Is Sickness Absence Management and Why Is It Important?

Sickness absence at any workplace is inevitable; the key is making sure that it is properly managed. Having effective sickness absence management policies and procedures in place will support the health and well-being of employees without compromising your business objectives. Creating a clear and detailed framework under the guidance of an occupational health expert will ensure a consistent approach, so that every case is dealt with in a uniform manner. 

There are many reasons why employees may find themselves needing to take some time off work – perhaps they have injured themselves, maybe they have caught a viral bug, or they are feeling stressed. The length of time they are absent from work can range from just a few days to longer term – whatever the duration, a sensitive approach must be taken so that the employee feels listened to and valued. 

Be proactive and stay in regular communication with the employee so they are kept informed. The worst thing would be for them to feel isolated and detached from their role as this might exacerbate their situation, so stay in touch and try not to pile on the pressure for a return date. It is, of course, important also to take into account the cost side of things – paying an employee for sick leave as well as potentially someone else to carry out their duties while they are absent can be a hefty price. 

So, how does effective sickness absence management work?

Effective Sickness Absence Management

Simply put, effective sickness absence management is all about supporting employees without straying away from business goals – it’s learning how to strike the perfect balance. 

Communication is the most important thing to get right and more often than not, the earlier the better. For example, musculoskeletal (MSK) disorders – such as back pain or joint conditions – and mental health issues are cited as two of the most common causes of work absence. They can affect all areas of the workforce and if poorly handled or left unaddressed, can trigger a downward spiral. As such, early referral to an occupational health expert is hugely beneficial as they are experienced in these areas and can provide much-needed support as an independent party.

From the first day of absence through to the return to work interview, verbal and written communication are key to helping prevent repeated or prolonged absence. With the speed and ease of communication afforded by modern technology, many employees notify their manager of their absence through text message or email. Break down those communication barriers by asking your employees to give their manager a phone call on their first day of sick leave – this opens up the lines of communication and creates a conversation so you can understand their situation better and discuss a plan of action. 

When doing so, you must make sure that your managers know how to deal with phone calls of this kind and what questions to ask, highlighting any knowledge gaps and providing the necessary training.

Procedure for Managing Sickness Absence

Employees need to be made familiar with the policies and procedures when they join the company, and again on their first day of absence, so they know what the standards are and what is expected of them. The policies should also detail any information regarding the inability of an employee to fulfil their role due to a change in their physical or mental health, along with any sick pay provisions.  

The ball isn’t just in one person’s court – both the employer and employee have rights and responsibilities when it comes to sickness at work. For example, the employee must know who they need to contact if they are unable to attend work and when they need to do so. Other considerations to include into sickness absence management methods are:

• Involvement from occupational health as an independent viewpoint
• Evidence of sickness / incapacity – this will need to be in the form of a ‘self certification’ or a fit note from the GP when required
• Occupational health support for prolonged absence or complicated cases, particularly when further medical evidence is needed
• Organisation and attendance of absence management meetings – every absence must be recorded and include all necessary documentation
• Return to work interviews
• Adjustments made where necessary to support the employee’s return to work
• Procedures for dismissal and appeals

When it comes to the implementation of these procedures, it must be decided at which point they need to be carried out – that might be after multiple absences within a 12 month period or a single absence that exceeds a certain number of days.

Investigate Reason for Absences From Work

This can be the part of the staff absence management process where employers need the most guidance as it requires an investigation into the reason for the employee’s absence and how long they are likely to be off work. Involving an occupational health expert at this point is advised to make sure the situation is handled sensitively. 

First and foremost, it must be made clear to the employee that the premise behind the investigation is to support them, not to punish. The whole picture is required so that all parties are on the same page and further absences can be prevented. 

A formal sickness absence meeting between the employer and employee provides an opportunity to ask key absence investigation questions that need answering before proceeding. As with any meeting in this context, all notes and action points must be written up for the record. All documentation must be reviewed – this includes:

• A ‘self certification’ for absence of seven days or less – this is a form an employer sends to their employee as a short term alternative to a doctor’s sick note
• A ‘fit note’ from the employee’s GP for absence that exceeds seven days – this deems whether the employee is ‘not fit for work’ or ‘may be fit for work’

The end goal of this is to help get the employee back to work safely wherever possible, providing adjustments to their role, hours or workstation when needed. 

Maintaining Contact With Employees

Once again, it’s all about finding the right balance to monitor sickness at work – too much contact can be overbearing; too little contact can cause the employee to feel cut off. Ideally, the regularity of communication should be decided between both parties during the first day of absence so they are in agreement.

It’s worth bearing in mind that the frequency of contact typically depends on the reason for the sick leave – for example, absence due to mental health, such as stress, might require less contact than a physical injury to avoid amplifying the problem. However, this can be reviewed on a case by case basis, as some employees who are off work due to a mental health condition might want to have regular contact to avoid feeling isolated.

How you choose to contact your employee might differ from other businesses. While sending an email or message might suit a busy workplace, it might not be appropriate for everyone, so be sure to check in with your employee via a phone / video call or meeting when you can to maintain that personal contact.

Retain Records of Contact

At the start of the sick leave management process, the first step is to make sure all data is recorded correctly and a paper trail is maintained. This must include accurate and clear correspondence from all meetings relating to the employee’s absence, such as the following:

• A list of dates at which contact was made and how e.g. phone call, email, meeting
• Records of telephone conversations and voicemails – these should be followed up with formal letters detailing what was discussed and any messages left
• Minutes / notes from all meetings along with any action points

All of this information should marry up with the employee’s record of events if they choose to keep a record of contact, too. 

Employers are advised to keep these records for at least 6 months after the employee returns to work in case they decide to submit a discrimination claim or appeal for wrongful dismissal later down the line. 

It’s worth noting that under data protection laws, information about employees’ physical and mental health is deemed sensitive and personal. As such, it is the legal responsibility of all employers to store information regarding sickness absence confidentially, being mindful of how it is collected and used. 

Obtain Medical Evidence

In some instances, an employee might currently be taking a long leave of absence or is likely to do so due to their health. For cases such as these, an occupational health expert can request a medical report from the employee’s doctor so there is a full understanding of the extent to which the employee’s health condition is affecting their ability to carry out their role before any final decisions are made. 

Once again, it’s important to communicate to the employee that the aim of this is to achieve a positive outcome for both parties.

Obtain Consent to Release of Medical Records

As mentioned, clear communication throughout the entire sick absence management process is imperative. As such, the employee must be notified when access to their medical records is required so they can consent to them being released – failure to obtain consent can be a breach of data protection rights. 

The employee must be notified in writing that they need to obtain their medical report from their doctor so that their employer can make an informed and fair decision.

Plan and Coordinate Return to Work

Returning to work after sickness absence – no matter how long or short – can be a daunting prospect for some employees. Whether they have been off due to their physical or mental health, each and every case should be handled sensitively so employees feel valued and comfortable speaking about their condition. Expert advice and support should be sought via your occupational health provider to ensure the process is carried out correctly. 

In cases of long-term absence, a return to work plan must be created in line with the workplace’s absence policy. A formal sickness absence meeting should be carried out, ideally in-person, to discuss how to best support the employee’s return to work after sickness. This should take into consideration any occupational health advice along with suggestions from the employee themselves.

Conducting Return to Work Interviews

No matter the length of absence, return to work interviews must always be carried out. There needs to be a uniform approach to this so that the process is balanced and fair for all employees taking different types of absence; consistency is key. 

When carried out correctly, these interviews provide an opportunity for open dialogue between the employer and employee so they can discuss how support can be provided during their return to work which, in turn, should help to reduce the amount of absence leave taken in future. 

During this formal sickness absence meeting, the following absence investigation questions and sickness review meeting questions should be discussed:

• Is the employee ready to return to work?
• Do they need to be informed of any company updates while they have been off?
• How do they require support, taking into account their doctor’s recommendations where relevant (this includes making a medical referral)?
• If an employee’s absence is due to a disability, do any modifications (otherwise known as ‘reasonable adjustments’) need to be made so they aren’t at a disadvantage? 
• What solution works best for both parties (e.g. reduced hours)?

By taking these points into consideration, a return to work plan can be tailored to suit the employee’s individual situation. If an employer is considering whether the employee is still able to fulfil the requirements of their position, they may choose to ask some sickness disciplinary questions in this meeting, issuing any warnings or cautions that a potential outcome might be dismissal so the employee can respond accordingly. Seeking guidance from an occupational health advisor is strongly recommended for instances such as this to ensure all criteria is met.

Legalities

Disability Discrimination

As stated in the Equality Act 2010, employers have a duty of care to ensure that ‘reasonable adjustments’ have been made for an employee who has taken sickness leave due to a disability defined in the Act so they are not at a disadvantage when they return to work. These adjustments include – but are not limited to – the following:

• Physical modifications to the workplace (this can include access to specialist equipment)
• Arranging counselling
• Making provision for a phased return to work and / or reducing work hours due to illness

Prior to making any adjustments, the employer should seek advice from the employee, their doctor and an occupational health advisor to ensure they are deemed reasonable.

Long Term Sickness Employment Rights

The law on employee sickness and long term sickness employment rights are areas of the process that employers must be fully conversant with – this is where involvement from an occupational health expert is invaluable. Following a review of the employee’s medical reports and records, if it is found that they are no longer capable of fulfilling their role, then the next step is for the employer to consider dismissal.

For this, the employer is required to follow the Statutory Dispute Resolution Procedures before making any final decisions to ensure the dismissal is fair in line with the employee’s individual situation and how others in the same or similar circumstances have been treated. 

If a dismissal is being considered, the employer must formally invite the employee to a meeting in writing – this must be done in enough time and with enough information so that the employee can provide a meaningful response and arrange a third party to also be present should they so wish. During this meeting, both parties present their cases to discuss whether it was reasonable to expect the employer to keep the employee’s job open for a longer period of time. 

If the employer’s final decision is to dismiss the employee, this must be confirmed in writing so there is a record of events. This should detail:

• The reason for dismissal
• The effective dismissal date
• The employee’s right of appeal

In cases where the employee does decide to appeal, a meeting must be arranged with the outcome confirmed in writing. If the procedure has been followed correctly – which with the involvement of an occupational health advisor it will have been – then the employer should be able to provide evidence that they have acted in a fair and just manner.

Sickness Absence Management Policy

Despite not being a legal requirement, having a clear and accurate absence management policy in place is strongly recommended for all employers. To work effectively and safeguard your team accordingly, your sickness and absence policy requires input from a qualified occupational health practitioner and should outline the following:

• How absences are reported and managed at the workplace
• What the expected standards of attendance are
• Information about sickness pay
• How the sickness absence management process works

By having these guidelines set in stone, you are protecting yourself, your business and your employees to aid a happy and productive workforce.

Conclusion

At Healthier Workforce, we can create sickness absence management policies, teach managers how to handle employees taking sick days, provide management referrals, and much more.

If you require any of our occupational health services, simply contact us today or complete an online management referral so we can discuss your requirements.