Last month, the Advisory, Conciliation and Arbitration Service (‘ACAS’) published updated guidance on managing sickness absence. Here are the main points from the guidance.
Sick pay
Within the employer’s sickness absence policy, an employer should state the criteria for the employee’s eligibility for sick pay, the amount (either statutory sick pay or discretionary/enhanced pay), its duration and any other points relating to eligibility such as the employee providing a fit note.
Fit notes and proof of sickness
A fit note (previously known as a ‘sick note’) is from a registered healthcare professional (e.g., doctors, nurses, occupational therapists, pharmacists, and physiotherapists) confirming whether an employee might be fit or is not fit for work.
Fit notes are only necessary where an employee is off sick for more than 7 calendar days, and it should be provided by an employee to their employer on the 7th day of their absence or as soon as possible. For sickness absence that is less than 7 calendar days, the employee can ‘self-certify’ their sick leave.
Keeping in touch during absence
Employers should check in with the employee on their wellbeing and health throughout their absence i.e., keep in touch. Both parties should agree the appropriate level of contact during the absence, in addition to the method of contact and who the employee will be in contact with.
Getting a doctor’s report about an employee’s health
The guidance states that a doctor’s report “can help an employer make informed decisions about their employee’s health at work”. With regards to an employee’s sickness or ill-health, such a report can assist in determining whether the employee is fit to carry out their work, the employee’s entitlement to sick pay or the employee’s eligibility for permanent health insurance.
Given the sensitivity of the information being requested, an employer must obtain the employee’s permission to obtain a medical report, and the employer should explain the reason for the request, inform the employee the employer will only have access to certain information and not their entire medical record, and explain who will see the report.
Any information obtained about the employee should be kept confidential and only be made available to those who genuinely need access to it. The employee must be kept informed of how their medical information is being stored and used by the employer.
Returning to work after absence
The guidance highlights the importance of openness and dialogue between an employer and employee on the latter’s return to the work, in order to ensure the employee is actually ready to return and any necessary support measures are in place.
The guidance recommends having a return-to-work meeting to ensure, among other things, that the employee is ready to return to work, agreeing on a plan (e.g., a phased return to work if necessary or implementing any reasonable adjustments if the sickness amounts to a disability), reviewing any recommendations from the employee’s doctor or other healthcare professional and considering a referral to a medical service (occupational health). If stress is a relevant factor, employers should consider whether this may be related to the working environment.
It is important for employers to be sensitive and understanding when carrying out this meeting.
Disability
There can sometimes be an overlap between sickness and disability. As such, where an employee’s ill-health or sickness constitutes a disability as defined under the Equality Act 2010, an employer will be under a duty to make reasonable adjustments and a failure to comply with this duty could amount to a form of disability discrimination.
Creating absence policies
The guidance recommends employers to maintain a policy or policies informing employees what to do when they are absent for one of various reasons including sickness and time off for medical or hospital appointments.
If you would like to implement a sickness policy or review an existing policy and would like assistance, please feel free to reach out to any Employment team member at Winckworth Sherwood.
For the complete guide, please see: ACAS Sickness Guidance.