1 Apr 2008
Gillian Dowling
Job Title
In the latest column for VBJ on personnel issues in practice, GILLIAN DOWLING looks at how to deal with a frequently absent employee
OFTEN REFERRED TO as intermittent sickness, this is a situation where an employee’s minor, and usually unconnected, illnesses result in frequent periods of absence from work. Many employers may realise that they have an absence problem with a particular member of staff, but because of a lack of management time or poor administrative procedures, may not know exactly how much time has been taken off.
If you are going to consider taking disciplinary action against a member of staff for poor attendance, it is imperative to have accurate records, including the correct dates and reasons given for the absence.
Employers also need to have clear procedures in place for staff to follow when reporting in sick. Ideally, employees should report absence personally to their line manager by telephone before the time they are due to start for the day or shift. It is also important to set out in your procedures, which may – for example – be in a staff handbook, what sort of regular contact is expected to be made by employees if they are off sick for more than a day.
When an employee returns to work, it is a good idea to use forms, often referred to as return to work forms, that ask for the days/time/shifts missed and a brief description of the reasons for the absence. Employers should also conduct interviews with staff returning to work to clarify the reasons for the absence, ensure that they are fit to return to work and discuss how work was covered in their absence.
These forms and interviews should help monitor absence and help to highlight patterns of absence that could indicate poor conduct. It may be that Fridays and Mondays are taken off to extend the weekend, or that the days off coincide with various key sporting events.
Employers often think that staff cannot be disciplined for intermittent absence, but this is mistaken. It can be done, but it is important that the managerial records are correct and employees know, in advance, that their attendance is being monitored. It is good practice for employees to be advised that when spells of absence exceed a certain number of days within a defined time frame, disciplinary action may be taken. The disciplinary action should only be used in cases of frequent short spells of sickness absence for unrelated reasons, not for longterm sickness absence.
Before starting the disciplinary procedure for any employee, there should be a full and impartial review of the employee’s attendance, and the reasons for the absences, so you can eliminate serious medical issues. You will need to have an informal discussion with the employee first so that he or she knows his or her absence record is being monitored, and that if high levels of absence continue, disciplinary action may be taken.
Be careful to avoid discriminatory issues, including disability discrimination. Absence for disability-related issues, which could include serious back problems, asthma, epilepsy and diabetes, should not be counted in the intermittent absence statistics that an employer may look at when considering taking disciplinary action against an employee. A disability is defined in the Disability Discrimination Act 1995 as “a physical or mental impairment, which has a substantial and long-term adverse effect on [a person’s] ability to carry out normal day-to-day activities”.
Employers occasionally have difficulty with employees taking time off because they are carers or have small children. The statutory right to time off for dependants is only for unpaid leave to sort out emergency arrangements, such as organising care for a sick child or elderly relative. First-time parents, in particular, are often surprised to find out that there is no statutory right for a parent to have time off to care for a sick child, unless that is arranged by agreement with the employer. Employees with young children need to be encouraged to have a back-up plan, in the form of a friend or relative who can take over care.
