Managing Leave and Absence

Guide for Employers and Managers

Companies rely on good attendance to ensure continued productivity and success for the future. However there are times when employees are unable to attend at work due to sickness, injury or for some other reason. It is important for Employers and Managers to have procedures in place to accurately record, monitor and identify the different types in order to effectively manage an employee’s absence. The three different types of absence are:

• time off that the employer is legally obliged to allow the employee, ie statutory or contractual terms and conditions
• time off that employer’s choose to offer employees, such as sabbaticals, compassionate leave, study leave etc

and

• sickness, lateness or unauthorised absence for any other reason

Authorised Absence

If eligible, an employee has legal entitlement to take absence from work due to one of the following:

• annual leave (minimum statutory or as stated in Contract, whichever is the greater)
• paternity leave
• parental leave
• maternity leave
• adoption leave
• antenatal appointments
• jury service
• pension scheme trustees activity
• public duties
• safety representative activity
• study or training (young persons)
• time off for dependants (if eligible)
• trade union duties, training and activities
• employees under notice of redundancy seeking alternative employment
• elected Representative activities, such as consultation on redundancy or transfers
• accompanying worker to formal meetings, such as disciplinary/grievance
• daily/weekly rest breaks

Unauthorised Absence

• sickness/injury
• lateness
• unauthorised absence for any other reason

Notification of Absence

Employees should be informed of the company notification procedure for any unauthorised absence.

Management of Absence

Employers have a right to manage unreasonable levels of absence from work. Employers should produce clear written guidelines for employees, eg setting out leave entitlements and procedures for reporting absence. In particular the employees should be made aware of target points triggering action by the Manager for instance:

• frequent periods of short term absence (eg 3 or more separate absence within a 6 month period)
• long term sickness (eg 2 weeks or more)
• unauthorised absence
• lateness

Back to Work Interview

Following every absence from work of whatever duration (other than holiday or authorised leave) a Manager should conduct a brief interview or discussion with the Employee, preferably to be carried out on the day the employee returns to work. This meeting should identify:

• the reason for the absence and especially whether the absence is due to work related issues or problems
• complete self certification form and/or obtain medical certification from the Employee
• confirm payment details during absence
• discuss the employee’s level of absence
• discussion expectations, for instances if there are any more occasions of absence or lateness then the next meeting will be more formal
• update the employee on any work matters that occurred during the absence

Formal Meetings

When an employee’s unauthorised absence is continuing the Manager should commence formal meetings, where the employee has the right to be accompanied, to

• tackle frequent short term absences or lateness or unauthorised absence
• aid a speedy and successful return following long term absences

and/or

• identify how to make an informed decision about the future of the employee due to long term sickness or frequent short term absences

Disabled Employees

• where a disabled employee has had periods of unauthorised absence, sickness absence or lateness the manager should also identify ways of making reasonable adjustments, offering alternative employment or adjusting the working hours as operationally possible and reasonable.
• the employee has the right to be accompanied during any meetings to discuss the absence or changes in working conditions.

Work-related Absence

• reasons for unauthorised absence can be related to working conditions, environment and/or other people within the workplace, eg due to harassment or bullying.
• during a back to work interview a manager should identify if the employee is having absence due to a work related issue, which should be dealt with accordingly.

Medical Reports

• when making a decision that may affect the employee’s long term employment or return to work, employers should seek specialist medical opinion, either from a GP, consultant, company doctor or occupational health adviser.
• the employee’s permission will be required to gain a medical report.
• an employee can refuse to give permission or ask that corrections be made to their report.
• a GP may also refuse to disclose information if they believe it will cause serious physical or mental harm to the individual or reveal the identity of another person.
• employees who refuse to give permission should be informed that a decision may be made on the information available, which could result in termination of employment.
• it is essential that employer’s respect individual’s privacy and should understand the requirements of the data protection legislation when storing medical information.

Personal Data

• when monitoring and recording absence information it is essential that managers have previously made the employee aware what information is being recorded and how the information will be stored and accessed. This will normally be included in terms of employment or separate policy and procedure document.

Disciplinary Action

• an employee should always be given an opportunity to improve attendance records.
• Meetings should initially be informal with a view to tackling issues early.
• if attendance continues to be poor the company discipline procedure should be followed through the various stages, ie oral and written warning. During this process a medical report should be obtained to assist the decision making process.
• ultimately if there is no improvement the employee may have to be dismissed, but this should be a last resort.
• it is essential under these circumstances that proper clear and fair procedures have been followed and the employee is given a right of appeal.

• provide clear guidelines for employers on managing absence
• set out a clear route for dealing with absence, from informal and formal meetings through to termination of employment

APS Letters and Forms

• provide all the letters needed in dealing with the absence, medical consent report forms, medical report forms, self certification forms and absence forms assisting the manager to accurately record and monitor all absence

APS.....managing absence,

managing people!

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