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Legal Matters:How to manage absence from work

There is more to dealing effectively with absenteeism than meets the eye. This month, Fergal Dowling gives some pointers on how to identify and manage the problem, and how to handle the repercussions.
Legal Matters:How to manage absence from work
The phrase 'absence makes the heart grow fonder' is unlikely to apply to the workplace, where scheduled attendance is essential for efficient business.

Absenteeism can damage morale and productivity. Employers, therefore, need robust, clear, accessible policies and procedures, developed in consultation with employees and their representatives, to manage absence. These should include:

· The process of notification if an employee is unwell, absent or late
· Rules on self-certification and medical certification
· Statutory and organisational sick pay
· Contractual or legal absence (for example holiday, maternity or paternity leave, jury service)
· Record keeping
· Cross-referencing with other policies, for example, maternity or paternity leave
· Employee support mechanisms
· Disciplinary and capability matters

Detailed absence records provide employers with a range of potentially useful data, such as particular roles where there are high levels of absence and the attendance profiles of every employee.

Should employers identify trends and patterns of absence, they may want to look at how changing the way they work could improve attendance and overall motivation. Actions could include introducing family-friendly hours, training programmes or revisiting policies for dealing with bullying.

Absence generally falls into four categories: short term, long
term, planned, and unplanned. The latter tends to result from ill health
or causes such as fear of the workplace or family-related issues such as child care or the death of a relative.
Employees who experience long-term ill health or regular periods of short-term illness may find that the ability to perform their role is impaired by their levels of absence. Bosses might want to hold regular consultations with these employees to seek ways to improve performance, including amending their roles if appropriate.

When an employee is absent for what are seemingly spurious reasons, it may become necessary to initiate disciplinary procedures. This would be after all other avenues have been explored including background investigations into possible issues, return- to-work interviews and opportunities to improve attendance or undergo training.

Employees who return to work after a period of absence may feel apprehensive, particularly if they operate equipment and it has been some time since they were last at the controls. Employers should, where possible, ease their return to the working environment, including refresher courses if relevant. It may also be relevant to offer training to line managers on handling absence and back-to-work interviews.

It is in the interests of all organisations to develop appropriate and proportionate policies and procedures. These will serve to underline the employer's commitment to addressing absence issues for the good of both employees and the organisation and hopefully create an environment where absence is minimal.

Call 0870 1500 100 or email
fergal.dowling@irwinmitchell.com
1 November 2008

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