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This article written by Pam Loch appeared in Employers Law on 1 February 2009

With the loss of tens of million working days each year and the cost that incurs, it is no surprise that sickness absence is a major concern for employers and the government.

Many employers already have measures in place to try to manage absences effectively.  The latest initiative from the government to introduce “fit notes” however could be a very significant step forward to help to reduce absence levels. 

Employers should have a sickness policy which sets out the process for reporting sickness absences and the steps taken to monitor and manage absences.

ffective monitoring can highlight if an employer is potentially going to have manage an absence which could be:

    a recurrent short term absence

    a long term absence

    a disability related absence or 

    perhaps an absence related to excessive working hours, harassment or bullying

Employers owe their employees a duty of care.  Monitoring sickness absence is one step an employer can take to fulfil this obligation and ensure they have employees who are fit and able to carry out their work.  Effective monitoring can also help the employer manage an absence before it becomes a problematic absence. 

Return to work interviews

To manage absence effectively employers should ensure a self certification form is fully completed on the employee’s return to work, if the absence is for seven days or less.  The sickness policy should also make clear a return to work interview will be carried out immediately on their return to work.

Return to work interviews provide an opportunity for a manager to confirm the employee is fit to return.  They also provide the employer with an opportunity to identify any underlying reason why the employee has so many stomach upsets, for instance.  While an employee could be genuinely unwell, evidence has shown that return to work interviews reduce short term absences.  They also help employers identify underlying issues, like bullying, as some employees use days off as a means to cope with the bullying rather than raising the issue with their manager. 

Work with HR

Short term absences can also highlight there could be a more serious illness involved which an employee may be reluctant to investigate further.  And through the return to work interview the manager can then work with HR to encourage an employee to seek help.

With longer term absences or those involving a disability the approach is different.  Again the policy should explain the employer’s approach to those absences.  Obtaining as much information as possible on the illness is vital to understanding how to manage these absences from the employee and the business perspective.

Consulting with the employee is essential to establish what steps the employer may have to take to facilitate their return to work.  Obtaining a medical report from the employee’s GP in the first instance is crucial.  It should enable the employer to try to ascertain the length of the absence and if the employee could be disabled in accordance with the Disability Discrimination Act 1995. 

If an employee has a disability their employer is placed under an obligation to consider what reasonable adjustments can be made to help them return to work.   It may also be appropriate to seek expert input from a medical specialist or occupational health adviser on what steps the employer should consider taking.  By including all of this information in a policy, an employer should find the process more manageable.        

The medical evidence and consultation with the employee may indicate that the employee is not capable of returning to their role.  In that scenario many employers will follow a capability procedure.  Akin to a disciplinary process, this enables the employer to take a “softer” approach to potentially exiting the employee.

Considering other options

Considering dismissal will be the last resort and the employer should always ensure it has tried to obtain current medical evidence to support a decision to dismiss an employee as a result of sickness absence. Prior to reaching that decision the employer should show other options were considered including offering alternative employment.

Replacing sick notes with “fit notes” could have a significant impact on the way absences are managed.   Approved by trade unions and the British Medical Association as a step in the right direction, the first fit note is due to be issued in 2010.  

A fit note is just that – a note from a medical practitioner that sets out what the employee is fit to do at work.  Unlike sick notes, fit notes are intended to encourage and enable an employee to return to work as soon as possible.   This may involve a return to work in a restricted role depending on what they can do. An employee with back pain could return to work with a “fit note” stating they are unable to lift heavy items. The onus will be on the medical practitioner to set out what their patient can do at work. It is anticipated that GP’s will provide the fit notes.  Most GP’s are not occupational health experts but they would ultimately make decisions about their patient’s ability to carry out their role.   One concern is that with limited knowledge of their patient’s role and workplace, GP’s may take a more cautious approach to protect their patient’s health and declare them unfit to work.   

If fit notes work as they are intended to however they should help both employers manage sickness absence more efficiently and effectively.   Until the arrival of fit notes however employers should continue to manage absences proactively as far as they can.