Is your Employee Sick really?

Firstly, let start with what the law has to say about employee rights when absent from work due to sickness or other circumstances.

Employee Sick Pay Rights Northern Ireland

Whilst fear of lost earnings when sick is a concern for employees, it’s the cost of lost productivity, missed deadlines and abuse of sickness policies that may concern the employer more. Procedures need to be in place to address sickness and absence in the workplace.

Employees who have worked for an employer for more than one month are entitled to receive a written statement of their employment particulars – this must include details of sick pay arrangements. This is a good point of reference point for employees if they are unsure what the procedure is within their place of work.

Employees and employers should also revert to the guidance set out in their Company Sick Pay Scheme, or if this doesn’t exist, Statutory Sick Pay (SSP) guidance.

Company Employee Sick Pay Schemes

In cases where a Company Employee Sick Pay Scheme is in place, it should be noted that its terms must not fall below the legal minimum i.e. Statutory Sick Pay.

Company Employee Sick Pay Schemes will vary between organisations, but most require a minimum term of service before the employee will be eligible to claim sick pay, this term will vary amongst employers and industries. Employees wold then receive full pay for a capped period they are off sick.  Thereafter half pay will typically then apply for another set period and eventually no pay, should the duration of the illness extend beyond each time limit outlined by the company in their policy.

Employers will often put in place specific guidance on how you should inform them that you are sick for example – a phone call before a set time of the first day of absence. If the absence goes beyond 1 week, you will typically be required to provide documentation from your doctor to verify that a longer period of absence is necessary or that you are fit to return to work.  The government has introduced a Statement of Fitness for Work – the ‘Fit Note’ – within which a GP can suggest ways of helping an employee get back to work, like phased return to work or amended duties. This is a great method of encouraging employees back to work sooner where they have been ill for  an extended period.

Statutory Sick Pay (SSP)

If your employee is sick and too ill to work, SSL is paid by the employer at a rate of £89.35 per week for up to 28 weeks (however different rates apply to agricultural workers), and tax and National Insurance will be deducted from this amount. This applies to workers who earn at least £113 per week before tax and have been ill for at least 4 days in a row, including non-working days.

Dealing With Absence on a Regular Basis

As with all such matters relating to employees there can be unique circumstances. We can provide advice on matters relating to employee sick pay rights having experience of similar situations that employers and employees find themselves in. These can be a good source of reference in the first instance if you are unsure of how to address a situation.  Our Employment Law Department at Luke Curran & Co. Solicitors are willing to guide you through this difficult process.

Employees have the right to be absent from work in various circumstances such as for annual leave, maternity leave, to attend education and training courses, or for public duties such as jury service. The Labour Relations Agency reports that 80% of all absences are due to short-term sicknesses, most sickness is genuine and unauthorised absence may be caused by family commitments or stress.  If you have an employee who has been sick or absent from work on a number of occasions over a short space of time, it is important not to jump to conclusions or act in any way that may amount to discrimination of the employee.

The Equality Commission Northern Ireland outlines 3 types of absence that are more likely to result in discrimination. These include:

• Disability related absences
• Pregnancy related absences and maternity leave
• Absence relating to gender re-assignment

Advice on how to deal with each of these scenarios in particular is available on the Equality Commission website.

The Labour Relations Agency Northern Ireland highlights 3 proactive approaches to address absenteeism:

1. Early intervention – if an employee doesn’t call you, call them.
2. Communicate effectively – carry out a ‘return to work interview’. Focus on the health and well-being of the employee, be positive and highlight the employee’s value to the organisation. Also discuss any additional support measures that can be put in place to aid their return to work and clarify the duration of this support.
3. Be flexible in situations of sudden absence, where family and caring commitments have arisen.

Other recommended actions that a company should consider include:

1. Implementing an absence management policy and procedures – this will make it clear how you as a company intend to manage absence and can be included in the induction process.
2. Provide up to date training for all managerial staff on a regular basis to guide them on how to handle difficult situations and conversations with employees.
3. Keep accurate reports of all employee absences, meetings and actions taken.
4. Implement reasonable adjustments to an employee’s environment or role in cases of long-term sickness.

For further information on employee sick pay, absenteeism and how to address these situations, refer to the LRA’s Managing Sickness and Absence guidance document 2016. This document provides a wealth of information on the topic which will benefit employers and employees.

If absenteeism is causing problems in your workplace or you have found yourself in a difficult situation with your employer/employee, you can also contact law@lukecurran.co.uk for confidential advice on how to address specific issues relating to the case.

Employment Law Department at Luke Curran & Co. Solicitors