Managing sick leave can be stressful for all, so foster open communication

Winter marks the beginning of cold and flu season for many New Zealanders. We’re often stuck inside, windows closed and the heating going full bore, an environment in which germs percolate and a single sniffle can end up knocking an entire office flat.

Winter ailments are an occupational hazard for staff who work in close proximity and as sick leave mounts managers can find themselves sifting through mountains of leave forms trying separate the genuinely ill from those who use winter sickness as an excuse to skive.

Employment law in New Zealand stipulates that workers are entitled to five sick days a year. A bad case of the flu coupled with sick children can easily see days off skyrocket, and many employees are left feeling slightly vulnerable if forced to take off more than their allocated share. And managers can feel the pressure if particular staff members seem to take off more days than their entitlement allows. So what are the rights and responsibilities of each party when it comes to time off?

Human resources expert Joan Watson says that sick leave issues In offices where people work in close proximity a cold can soon do the rounds and bring staff levels way down. need to be taken on a case-by-case basis. Although five days is the legally defined right for all workers after being employed for six months, those who take time off above and beyond this need to be scrutinised individually.

Watson agrees that it’s easy for days to mount up (especially for those with children), and that employers should be compassionate when a worker’s sick leave is for genuine reasons.

“Most employers are generous with staff if they know what is going on with them,” she says. “But it’s important to keep the lines of com- munication open.” Days off here and there (even above the five-day limit) don’t necessarily constitute a problem for either staff or management — the realities of life necessitate that sometimes we won’t be able to stick within our allocated sick days. But chronic absenteeism is another issue. Chronic illnesses can be very difficult both for those who are suffering and their managers. Again, it’s all a matter of keeping the doors of communication open.

“If employers know up front what is happening, they can work out ways of managing the situation in such a way that is best for all involved.” Watson says that measures could include allowing the staff member to take unpaid leave for a number of months with a graduated return to work at the conclusion of this period, or offering flexible working hours to help the employee manage their illness whilst maintaining their job.

“It’s really important for employees to demonstrate that they care about their staff,” says Watson. “Being flexible and listening to the needs of the staff member can allow them to continue on with their employment.”

Some larger companies have a clause in all their contracts that allows them to terminate employment after a three week absence. But Watson says that the ill staff member should be informed of this early in the process and given the opportunity to negotiate a solution.

“But having such a clause in place from the outset makes it much easier for managers to deal with situations involving long absences from work,” says Watson.

While chronic illness can be tricky for managers and employees, open communication and flexibility can help to mitigate any workplace unpleasantness and establish a mutually agreeable conclusion.

Chronic absenteeism in the absence of any underlying medical condition is a very different matter.

“People who take a large amount of days off without any apparent reason will soon come to the attention of managers.” Watson says that there is often a pattern with malingerers, and that managers should take note of when the days fall as soon as they realise some- thing’s not right. “Normal sick leave days account for a very small percentage of the working year,” she says. “If a staff member is taking 30 to 40 per cent of their working days off, it’s time to address the issue.”

She says that often there will be a pattern such as Mondays or the day after payday being regularly taken off, indicating that the staff member may be partying too hard rather than being genuinely ill.

Most employers will ask for a doctor’s certificate after three days absence, or after the five days of sick leave has been taken.

This can do something to address the issue of chronic absenteeism, as malingerers may be loath to see a doctor if they don’t have a genuine health concern.

“Another option is to send the staff member to a companyappointed medical specialist,” says Watson. “Some GPs will sign certificates without much questioning, so having a second opinion can clarify issues.”

If it is found someone is taking excessive time off without a medical complaint, normal procedures for disciplinary action need to be followed.

But in the case of genuine illness, there needs to be a collaborative process between employer and employee to ensure the best outcome for everyone.

“I’ve known of employers holding jobs open for chronically ill employees for a year to give them a chance to recover,” says Watson.

“It’s a real vote of confidence in the ability of the employee and shows that the employer is compassionate and prepared to support their staff.”