employment law update - managing sick leave

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ABSENCE MANAGEMENT The webinar will begin shortly…

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Page 1: Employment Law Update - Managing Sick Leave

ABSENCE MANAGEMENT

The webinar will begin shortly…

Page 2: Employment Law Update - Managing Sick Leave

AGENDA

• The cost of sick leave• Recognising the different types of absences• Tools in managing absences– Short term & long term

• Q&A Session

Page 3: Employment Law Update - Managing Sick Leave

THE COST OF SICKNESS

Direct Costs Indirect Costs

• Company Sick Pay Scheme • Loss of Productivity & continuity

• Replacement Cover • Negative effect on quality

• Overtime Costs • Time spent managing the absence

• Medical Referrals • Accrual of Annual Leave whilst on sick leave

Page 4: Employment Law Update - Managing Sick Leave

SICK LEAVE STATISTICS

• 4 million days lost annually in small businesses due to sickness absence

• €490 million = annual cost to Irish small business

• 4.7 days per employee per year

• € 569.64 - cost per annum per employee

* Figures from 2014 Small Firms Association Absenteeism Report

Page 5: Employment Law Update - Managing Sick Leave

What can employers do to effectively manage sickness absences?

Page 6: Employment Law Update - Managing Sick Leave

TYPES OF ABSENCE

SHORT TERM ABSENCES LONG TERM ABSENCES

• Can last 1 or 2 days or a week or two

• Usually last over 4 weeks

• Causes: common cold, bugs • Causes: back pain/stress

• Could be a pattern

Page 7: Employment Law Update - Managing Sick Leave

MANAGING SICKNESS ABSENCE

• Sickness Policy• Procedure for notifying company• Details of any sick pay • Details of sick certificates required• Whether employees may be asked to attend a

medical exam• Sets a standard & ensures consistency

Page 8: Employment Law Update - Managing Sick Leave

MANAGING SICKNESS ABSENCE

• Record & Monitor • Who – When – Why - How Often – Certified• Retain all medical certs and correspondence• Identify triggers for further investigation– No of days leave in a specific period– No of spells of absence in a specific period– Patterns

Page 9: Employment Law Update - Managing Sick Leave

MANAGING SICKNESS ABSENCE

• Return to Work Interview • Hold after every absence• The Structure– Understand cause of absence– Confirm correct procedures were followed– Discuss trends in leave – may uncover underlying issues– Employee’s health, are they fit to return, adjustments– Update the employee on any changes/ developments

Page 10: Employment Law Update - Managing Sick Leave

MANAGING SICKNESS ABSENCE

• Disciplinary Action• Repeated unjustified absences may be treated

as a conduct issue• Conduct & capability are fair reasons for

disciplinary action • Disciplinary procedures must be followed• Dismissal should be the last option.• Fair procedures must be followed!

Page 11: Employment Law Update - Managing Sick Leave

FAIR PROCEDURES INCLUDE

• Give employee reasonable opportunity to improve • Consider reasonable adjustments • Keep written records of meetings/ communications

with employee• Get an up-to-date medical at company’s expense

before dismissal• Informing the employee that employment is in

danger of termination • Reasonableness is on a case by case basis

Page 12: Employment Law Update - Managing Sick Leave

LONG TERM ABSENCES

• Keep in contact with employee– Initially:

• Clarify sick pay arrangements • Give company updates

– Subsequent Meetings/Communications• Focus on return to work date• Reasonable accommodations• Health reports if available

• Hold meetings off-site, if appropriate• Be sensitive!• Potential termination on grounds of incapacity

Page 13: Employment Law Update - Managing Sick Leave

MANAGING LONG TERM ABSENCES

• Investigate the Illness– Is the employee capable of performing the duties for

which they are employed?– Medical Advice:

• When a return to work will be possible – long-term, medium term, short-term?

• Will there be a full recovery?• Is a return to work advisable?• Should it be phased – e.g. part-time/flexible hours• Whether the employee is disabled• Whether differing duties would be advisable

Page 14: Employment Law Update - Managing Sick Leave

MANAGING LONG TERM ABSENCES

• Consult with the Employee– Put forward their own ideas/submissions

• Consider Adjustments– Varied start and finish time – Relocating place of work– Alteration or reallocation of duties– Purchasing aids – Phased return to work

Page 15: Employment Law Update - Managing Sick Leave

MANAGING LONG TERM ABSENCES

Make a Decision based on Business Needs– Give a period of time for further assessment– Dismiss

Page 16: Employment Law Update - Managing Sick Leave

HOW WE CAN HELP

– Contract wording protects employers

– Full Sick Leave Policy

– Continuous Updates

– Return to Work Interview templates on-line

– Phone support with advice on how to deal with day-to-day queries

www.brightcontracts.ie

Ph.: 01 849 9699

Page 17: Employment Law Update - Managing Sick Leave

Summary

• Communicate

• Regularly Review Policies

• Be consistent

• Actively manage all cases

Page 18: Employment Law Update - Managing Sick Leave

Questions?With thanks from Thesaurus

Software

While every care has been taken in compiling these notes, Thesaurus Software cannot be held responsible for any errors or omissions. These notes are not intended to be a

substitute for specific legal advice.