An employee is permitted to take time away from work to recover if they become ill. However, an employee must adhere to any absence reporting procedures in place and ensure that their absence is supported either by self-certification or a Statement of Fitness for Work (otherwise termed a “fit note” or “sick note”). For ease of reference, this will be referred to as a fit note.
How will I know if there are any absence reporting procedures?
Employers should have a written absence reporting procedure in place so that employees understand what they are required to do if they are unable to attend for work. This might be in the contract of employment or a staff handbook. Any changes to the reporting process should be communicated clearly to all employees.
What is self-certification?
The requirement was that an employee could self-certify for the first 7 days of their absence before obtaining a fit note. An employer would provide a Self-Certification Form (or similar) which the employee would complete on their return to work. The Self-Certification Form would usually include confirmation of the absence days and the reason for the absence. The timeframe for self-certification has now been extended.
What are the new changes to a fit note?
New temporary rules have been introduced which extends the timeframe from 7 days to 28 days. This will mean that if an employee has been absent for more than 28 consecutive days, they must obtain a fit note from a medical professional, for example, their GP or a hospital doctor. If an employee commenced their sick leave before 10th December 2021, an employer can request proof if they have been off work for more than 7 consecutive days.
Why has the timeframe been extended?
The timeframe is said to be a short-term measure due to end on 26th January 2022 to relieve the burden on GPs over the coming weeks as a result of the coronavirus (covid 19) pandemic. However, there is a possibility that this measure might be extended on a longer-term basis. We recommend that current advice is always obtained in respect of employment law related matters.
Should an employer do anything where an employee is absent?
Employers should adhere to any absence monitoring procedures that they have in place. It is good practice to maintain reasonable contact with an absent employee unless an express request has been made not to do so. The purpose of contact is not to exert pressure on the employee but rather to provide support. Where absence is of a certain duration, an employer may ask that the employee submits to a medical assessment by a professional, such as occupational health, for example, to assess whether a return to work can be facilitated and if so, in what capacity and whether any reasonable adjustments should be made.
What if absence is long term?
All absence should be supported by a fit note. Where absence is of a long duration, an employer may invoke a capability procedure with a view to dismissal. In some circumstances, such action may result in a claim of unfair dismissal and/or disability discrimination.
Can a Settlement Agreement be used in a situation of absence?
A Settlement Agreement is a confidential document that, if signed, will prevent an employee from pursuing their employment rights in return for a financial settlement. There is a requirement that legal advice be obtained and it is usual for an employer to contribute towards the associated costs of reviewing the Settlement Agreement. A Settlement Agreement can be used in a situation involving absence.
If you would like to discuss any of the issues in this blog, please contact us.
