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When an employee keeps calling in sick it can have a real impact on your business’s productivity and therefore your bottom line. So what can you do to manage chronic absenteeism in your workplace?
An employee keeps calling in sick and it’s impacting your business. Worse still, you suspect they’re potentially faking it. But what can you do?
The answer is, quite a lot. And because we get asked this question so frequently, we've put together this guide to seven things all employers should be doing when it comes to managing sick leave.
1. Look for the early signs
Interestingly, research shows that employees who are chronic takers of sick leave will usually show their true colours within the first couple of months of starting a job. So, if a new employee starts taking ad hoc days of leave and there appears to be no reason for it, address the issue and set expectations while they’re still in their probation period and you will find you have more freedom to act if things don't improve.
2. Be on top of the law
Legally, an employee can take paid sick leave when they genuinely cannot work due to a personal illness or injury. They can also take time off to look after a sick family or household member (known as carer’s leave). Typically, sick leave doesn’t include routine check-ups and medical appointments.
The law also says that an employee can take as much paid sick or carer's leave as they have accumulated. But they need to let you know they’re not coming in as soon as possible after they’re sick, and give enough evidence to prove to a 'reasonable person' that they are genuinely unable to work. They also need to tell you how long they expect to be off work.
So make sure your managers and your employees know their rights and obligations at both ends.
3. Have a clear policy in place
While the Fair Work Act might set out an employee’s general entitlements and obligations, every workplace should have its own more detailed sick leave policy, too. That’s your foundation: what you and your managers can point to as your yardstick for what’s acceptable and what’s not, as well as what protocols and procedures your employees need to follow when they’re away from the office.
Your policy should include:
- How an employee must inform you they’re sick: should they make a phone call? If so, who do they need to call? Is it acceptable for them to email or text?
- What information they need to provide: as a minimum, they should give you enough information to satisfy you that they are unwell, and tell you when they expect to be back at work. They should also let you know of any urgent work or deadlines on their plate, so that you can ensure this is covered
- What their options are if they've run out of sick leave, and what other support you can provide (e.g. access to an employee assistance program)
- What they need to do when they return to work; including applying for leave and providing any required documentation
When you have your policy ready, make sure everyone has access to it – put it up on your intranet for all to see. Or, if you don’t have one, email or give a copy to everyone in your workplace and make sure they understand it.
4. Train your managers
It’s one thing to have a policy, it’s another to have managers who are comfortable with and capable of enforcing it. Pulling up an employee you suspect is taking advantage of your sick leave policy is no easy feat. But this is a difficult conversation that is often best received from the direct or line manager who is closest to them in the first instance. So you need to get your managers trained up in how to have difficult conversations.
A word of caution - make sure your managers adhere to your sick leave policy too. If they’re not holding up the policy, it’s not going to go down too well if they are then pulling up the team.
5. Work out what’s going on
When someone does repeatedly call in sick, you should try to get to to the bottom of what’s happening as soon as possible, before the situation escalates.
As soon as they're back at work, have a conversation with them. Make sure they're ok to be back at work, mention that you've noticed a bit of a pattern in their leave, and ask if there's anything else going on. The purpose of this conversation is for you to gain a better understanding of the impact their absence is having on their ability to do their job. Keep your chat work related and focus on assisting them to get back up to speed so they can deliver on their responsibilities.
Whilst an employee is under no obligation to disclose anything personal to you, it may be relevant to suggest external support if you feel as though they might need it.
6. Ask for proof
Make sure that evidence requirements are part of your workplace policy and be firm but fair: if an employee can’t produce sufficient evidence to access their sick leave (e.g. a medical certificate or a stat dec), give them the option to take annual leave rather than leave without pay.
Whilst the employee doesn't have to disclose the specific details of any illness, you can ask for proof of unfitness for work. And, contrary to popular belief, you can ask for this when an employee has been away for only one day. For example, you may demand that someone who has been a chronic sick leave taker must produce a medical certificate for each day they are absent.
And remember, under the legislation, elective surgery and pre-arranged medical appointments aren’t covered by sick leave, so you may want to make this clear in your workplace policy.
7. Ask for an independent examination
While there are no strict rules on what type of evidence needs to be given, a reasonable person needs to be convinced that the employee was genuinely entitled to the sick or carer’s leave. And because they’re bound to keep patient confidentiality, most doctors will write little more than ‘unfit for work’ on any medical certificate.
In the situation of an ongoing issue or an unexplained shift, an Independent Medical Examination (IME) may be prudent. You will give the doctor information about the requirements of the employee's role, and will have the opportunity to ask the doctor specific questions about the employee's ability to do particular tasks.
The completed IME will give you certainty around the work they are capable of completing in the interim, what adjustments can be made; and when they will be able to return to their regular duties.
Want more?
When it comes to managing absences it’s always worth remembering that no two workplaces and no two employees are the same. Generally, if your employees and managers feel comfortable having open and honest conversations with each other, the less likely these situations will become unmanageable. So if you’re not sure about the best plan of attack, want to polish up your policies or even train your managers on the importance of these conversations, get in touch.
Employees get sick – it’s a fact of life. But what do you do when your employees are calling in sick too much at work?
Your employees are human beings – susceptible to germs, viruses and nasty infections. Every now and then, one of your employees will call in with a croaky voice and let you know that they just can’t make it in to work that day.
But what if it starts happening all the time?
What should you do if you notice an employee taking far more sick leave than most other employees? What if the amount of time they spend off work is affecting their performance – and holding back the rest of the team?
If your employee is calling in sick too much at work, this is a tricky situation to deal with. There’s the suspicion that the employee may be exaggerating their illness in order to spend Friday at the beach, or nurse a hangover on Monday to recover from a big weekend.
If the illness is real – this can be a difficult obstacle as well. How will their ongoing health concerns affect their work and how can they manage them?
Employee Calling in Sick Too Much at Work?
Wondering what to say when employees call in sick all the time? If you are experiencing this problem, here are the steps to follow:
Check Your Records
Take a closer look at your timekeeping records so that you can see the employee’s absences over time. Do they tend to follow a pattern? Does the employee tend to always take sick leave on Fridays or Mondays – or the days surrounding a holiday?
Ask What’s Wrong
If a member of your team is calling in sick excessively, the first step is to figure out what’s behind their behavior. Do they have a serious health issue that is causing them to miss work? Is there something stressful going on in their life that they are struggling to deal with?
If you’ve established a positive work culture where your employees feel like they can be open with you, this conversation will be a lot less awkward.
Offer Your Support
If the employee has a genuine health concern that they need help with, ask them if they are okay. Would they like to be assessed by the company doctor? Is there anyway the company can support or help them? The employee is under no obligation to disclose anything personal to you, but this discussion might help to clarify the situation.
Explain the Situation
Next, you can explain in a compassionate and sensitive way that, although you understand they are sick, their days off are having a negative impact on the rest of the team. Other employees have to pick up extra work when they are gone, and projects may be delayed.
The employee might tell you about a personal health issue they are dealing with. That allows you to understand the situation better and possibly figure out how you can help them. You can let them know that you don’t want to discourage them from taking sick leave when they really need it. However, you also need them to be reliably at work so the team can function.
Or, if the excess sick days have been less than genuine, the employee will realize that you have noticed and that you no longer tolerate their behavior. They will decide to either improve their attendance, or leave the job.
Should You Fire an Employee Who Is Calling In Sick Too Much At Work?
In a healthy company culture, employees should know that they can call in sick without worrying about getting fired. The vast majority of employees will never abuse this policy – it will only be a small handful who try to take advantage of it.
That said, if you feel that your employee is taking excessive time off and it is having a serious negative effect on the company, should you terminate them?
If you are an employer in an “at will” employment state, that means that you are legally free to fire an employee at any time without explanation. So, if you feel that your employee is calling in sick too much at work, in some states you can simply let them go.
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However, there are some important exceptions to this. It’s important to understand whether or not the sick leave the employee is taking is covered by employment law.
●Employees with well-documented disabilities may be protected by the Americans with Disabilities Act (ADA) from being fired due to an illness related to their disability. However, if the employee needs expanded sick leave through ADA, they need to discuss the issue with you first.
●Employees are entitled to up to 12 weeks of leave within a 12 month period under the Family and Medical Leave Act (FMLA). This covers situations including serious medical conditions, pregnancy and care of a newborn, caring for a family member with a health problem or the arrangement of adoptions.
●Also, if the employee is suffering from a work-related illness or injury, Workers’ Compensation Lawsdictate that as the employer you must pay for their treatment and give them time off to recover.
Employee Rights: Establish Your Policy for Calling in Sick
Individual employers will have their own policies about sick leave. However, your company might choose to offer more generous leave than the law requires. It’s up to you, the employer, to decide. Review your policies to understand what type of precedent you may have set for your employees in the past.
In your sick leave policy, you might require your employees to let you know about sick leave by a certain time of the day – so that you can made any necessary adjustments. Also, the policy can include whether or not a doctor’s note is required. Your policy should specify that sick leave is for when the employee cannot work due to an illness or injury. It’s not for when they need a routine checkup or medical appointment.
It’s also important to consider whether or not your paid time off policy separates sick time from vacation time. If it doesn’t, that might encourage the use of paid sick time when employees are not sick. After all, they might feel like they are “due” those sick days and they may as well use them. This can lead to employees calling in sick too much at work, so it’s important to keep this in mind when creating your policy.
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P.S. Did you know that Boomr has a time off tracking feature? Check it out!