Updated ACAS guidance on sickness absence

ACAS has recently released new and updated guidance.

The guidance affects the following:

• checking holiday entitlement and sick pay
• fit notes and proof of sickness
• time off for dependants/parents
• returning to work after absence
• creating absence policies
• recording and reducing sickness absence
• absence trigger points.

In light of this updated guidance, employers should check their processes and procedures for managing sickness absence. Persistent short-term sickness absence and long-term sickness absences are costly to any business. While they cannot be eliminated, they can be managed so as to minimise their impact on colleagues and the business generally.

Recording and Monitoring of Sickness Absence

Your business should have a process in place for recording sickness absence, whether it is manual or electronic. When recording the absence, it is important to remember that the number of days of sickness is continuous, i.e., they include weekends, public/bank holidays and non-working days. The last day of sickness is the day before the employee returns to work. Any sickness absence lasting longer than 21 days is usually considered to be long-term.

Any records, including medical certificates, relating to an employee’s sickness absence should be kept securely, and the number of people who have access to them should be kept to an absolute minimum.

How well does your business monitor levels of sickness absence in the workforce? If records are kept manually, how current and accurate are they? When an employee goes off sick, how long is it before the information is recorded, and how is it kept? The reason for the sickness absence should always be recorded so that, in cases of frequent short-term sickness absence, it will be easier to see whether there might be an underlying medical condition causing the absences. If records are kept electronically, do managers run regular reports to monitor levels of sickness absence in their teams?

Certification

In cases of sickness absence lasting seven days or less, where only self-certification is required, what process do you have in place for ensuring that this is completed and recorded? From the eighth day of sickness onwards, a medical certificate is required to authorise the sickness absence until the employee is fit to return to work. A process should be in place to ensure that certificates are received in a timely manner, along with any subsequent certificates. Employees should be reminded of their responsibility to provide certification of their sickness absence.

Return to Work Meeting

When an employee returns from a period of sickness absence (regardless of length), the line manager should have a return to work meeting with the employee. This is important for several reasons:

Improving working relationships – the manager is expressing concern for the employee’s wellbeing, reminding them that they are an important and valued member of the team.

Checking on fitness for work – the employer has a duty of care towards the employee, so it is important to check that the employee feels ready to return to their full duties.

Reasonable adjustments – if the employee has been off sick for an extended period, they may be returning to work with specific recommendations from their GP or Occupational Health about reasonable adjustments that need to be made, for example, to their working hours/pattern or working conditions. It is important that the manager is aware of these as soon as possible and acts on them accordingly.

Monitoring absences – in the case of an employee who has been taking ‘random’ sick days here and there, it might be a good opportunity for the manager to discuss this with the employee and to let the employee know if they are approaching any trigger points for formal action. The manager may want to set the employee some targets for reducing their levels of sickness absence. In addition, an employee who knows that he/she is being monitored for sickness absence may be more mindful about taking odd days off sick.

Promoting wellbeing – the meeting presents a golden opportunity for the manager to remind the employee about any wellbeing initiatives the company offers – e.g., employee assistance programme, Mental Health First Aiders, etc.

Long-term Sickness Absence

Management of long-term sickness absences can be prolonged and, at times, frustrating, but it is essential that managers understand the importance of ‘getting it right’ to minimise the risk of any employment tribunal claims further down the line. Advice should be sought from HR in the handling of long-term sickness cases.

Once it becomes clear that an employee is going to be absent for longer than 21 days, the manager should make arrangements to keep in touch with the employee on a regular basis (at least fortnightly). This may be done via email or a phone call.

In addition to this regular contact, the manager should try to have a more formal face-to-face meeting with the employee to review the sickness absence with a view to enabling the employee to return to work. The meeting could be held online or over the telephone if the employee is too unwell to attend at the workplace and should take place at least once a month while the employee is absent. The employee may want to be accompanied at these meetings by a colleague or trade union representative. The manager will probably want to refer the employee to the company’s Occupational Health provider to get more advice about when a return to work is likely and what adjustments might need to be made for this to happen.

If the employee is still not able to return to work after six months and there is no indication from OH or other medical reports that a return to work in the near future is likely, then the manager may decide to start the capability process on the grounds of ill-health which could result in the employee being dismissed. HR will be able to advise on the process and should be involved throughout.

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