STAFF MATTERS: Managing sickness absence amid HR processes
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When it comes to handling sickness absence within the workplace, it's a task that employers and HR professionals are all too familiar with. But what happens when an employee unexpectedly takes sick leave during or just before a HR process? This scenario adds an extra layer of complexity to an already challenging situation.
There are a number of situations in which an employee’s sickness absence might coincide with an ongoing HR process. Issues commonly occur when an employee is faced with disciplinary investigations, performance management issues, grievances or conduct-related discussions.
Employees may resort to sickness absence for various reasons whether they would rather take sick leave to evade an uncomfortable situation; through stress and anxiety triggered by the potential outcomes of a HR process; or, whether there’s a perception of avoidance and the belief that going off sick can shield the employee from negative consequences, even if temporarily.
While employers can proceed with a grievance, disciplinary or performance management process even if the employee goes off sick, it’s essential to ensure that the process remains fair and unbiased, taking into account the employee’s health condition.
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The first step is to verify the authenticity of the sickness absence by requesting relevant medical documentation. This not only confirms the legitimacy of the absence but also prevents potential misuse of sick leave to disrupt an ongoing HR process.
Once the legitimacy is confirmed, consider conducting essential meetings remotely if the employee is well enough to participate. This ensures the HR process moves forward, while still considering the employee's health needs. It is crucial, however, to ensure that the remote meetings do not compromise the employee’s rights or create additional stress for them during their recovery.
In some cases, employees may prolong their absence or completely ‘ghost’ the employer during the HR process, perhaps hoping that it will go away. In such situations, employers should maintain regular communication with the absent employee to demonstrate concern and gather updates on their health status; request medical certificates to verify the legitimacy of extended sickness absence; and, conduct a return-to-work interview to discuss the reasons behind the absence and offer support if needed.
To encourage positive attendance and co-operation during HR processes while discouraging sick leave as an avoidance tactic, employers should foster a supportive workplace culture with open communication, offer support resources like counselling, communicate clear HR procedures, maintain consistent and fair procedures, allow opportunities for employees to express their concerns, present their perspectives, and have their voices heard during the process to alleviate feelings of vulnerability and defensiveness, and be clear about consequences for sick leave misuse.
By understanding what motivates employees to go off sick and addressing these issues through the above strategies, employers can create a healthy work environment where employees are motivated to actively engage with HR processes, and ensure HR matters can be addressed without unnecessary complications.
Gerard O’Hare is legal director Scotland at WorkNest
