Statutory Sick Pay and Coronavirus (COVID-19)

On 4 March 2020, the Prime Minister announced in Parliament that the Government will introduce, as part of its emergency coronavirus legislation, measures to allow statutory sick pay to be paid from the first day of sickness, rather than after three waiting days. The Government intends to apply this measure retrospectively from 13 March 2020.

The Government announced further measures in the Budget 2020 on 11 March 2020, namely that:

  • entitlement to statutory sick pay will temporarily extend to those who:
    • are unable to work because they have been advised to self-isolate, even if they do not have symptoms in effect from 13 March 2020 or
    • are caring for others in the same household who are displaying coronavirus symptoms and have been told to self-isolate
  • employers with fewer than 250 employees on 28 February 2020 will be refunded two weeks’ eligible statutory sick pay costs related to coronavirus, per employee
  • employers will have to keep sickness records but employees should not be required to provide a fit note
  • the Government will introduce an alternative to the fit note, whereby employees who are advised to self-isolate will be able to get a notification from NHS 111 that can be used as evidence for their absence during the coronavirus outbreak
  • the Government will set up a process for repaying statutory sick pay as soon as possible.

Evidence of Sickness

Current government guidance is that, to prevent the spread of coronavirus, individuals with flu-like symptoms should obtain medical advice from NHS 111 online and should not go to see their GP.

Most sickness absence policies allow for employees to self-certify absences of up to seven days. Where an employee who is absent for more than seven days advises that they have flu-like symptoms, the employer will need to make an exception to its normal requirement for medical evidence. Nevertheless, the employer should take all reasonable steps to verify the sickness absence. This could include requiring the employee to make regular telephone contact, and requiring the employee to explain what medical advice they have sought and followed. The employee could be asked to provide evidence where possible, but employers should act reasonably in what they require from employees in the circumstances.

In the Budget 2020, on 11 March 2020, the Chancellor announced that employees who are advised to self-isolate to prevent the spread of coronavirus will ‘soon’ be able to obtain an alternative to the fit note from the NHS 111 service.

For the purposes of determining eligibility for statutory sick pay, employers are able to set their own rules on what evidence they reasonably require of employees’ illness. Legislation does not require that the evidence is in the form of a fit note.

Rate of Statutory Sick Pay

When in force, the Social Security Benefits Up-rating Order 2020 (still in draft form) will increase the weekly rate of statutory sick pay from £94.25 to £95.85 from 6 April 2020. The lower earnings limit for national insurance purposes will increase from £118 to £120 per week from 6 April 2020.

Qualifying days are days on which the employee would usually be required to work. Employers and employees can agree between themselves what days should be qualifying days, as long as each week has at least one qualifying day. Qualifying days should not be defined by reference to the days on which the employee has been sick. 

Many employers define qualifying days as the same days the employee is expected to perform work under the contract of employment. Then the first three normal working days of sickness are qualifying days, but they do not attract payment of statutory sick pay.

If you need advice any further advice regarding your staff and Statutory Sick Pay, please do get in touch. Call me on 0118 940 3032 or click here to email me.

Help your Employees Return to Work Faster after Sickness Absence

When a member of staff is off sick and you need medical advice on how to handle their return to work, many employers request a medical report from their GP. However, for various reasons it’s been found that getting a report from your employee’s GP may not provide the most relevant information for your business, and certainly isn’t the timeliest of procedures.

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Managing Mental Wellbeing in the Workplace – Part Two: Managing Absence

Having good mental health in the workplace is a vast subject, which is why I split it into three separate posts. In Part One, I wrote about the importance of providing good training and resources for line managers, as well as preventative measures, and how to intervene, provide support and signpost for outside help when needed.

This blog focuses on managing absence part three will look at the return to work.

Maintaining Contact with an Absent Employee

It’s important to keep in touch with any employee who is on long-term absence. But it is vital in the case of someone who is absent because of mental ill health. Maintaining contact can help prevent the individual from feeling isolated, and most people will be very grateful for that.

Your Sickness Absence policy and procedure should set the ground rules for making managing absence easier for all. It should state that:

  • employees have a responsibility to stay in contact when they are off sick
  • if employees don’t respond to reasonable attempts at contact, the organisation cannot be expected to be aware of, or make adjustments for, their health condition on return to work
  • flexibility around contact frequency is necessary, as what is appropriate for an employee absent with a mental health problem may differ from what is appropriate for an employee absent with a physical illness
  • encourage line managers to keep in touch with absent employees, emphasising that staying in touch with people who are off sick with mental ill health helps make their eventual rehabilitation and return to work easier for them
  • employees should be allowed to have contact with the HR department or another nominated individual rather than by their line manager where appropriate, for example if the employee perceives that the line manager is a contributing factor to his or her ill health
  • the organisation and employee should agree a method of communication; often, employees absent with mental ill health prefer to communicate via email rather than by telephone or face to face. If occupational health need to assess the employee, or the employee requests a visit, home visits can be undertaken after a risk assessment has been carried out
  • inform the employee about any available support, such as an employee assistance programme or occupational health service, and gain the employee’s permission for these services to get in contact
  • employees should not be contacted by other colleagues about work-related issues during their absence, nor be expected to check work emails or voicemail
  • a record should be kept of all contact with the absent employee.

Dialogue with the absent employee should be started as soon as possible, either by the line manager or the designated person, and maintained throughout the employee’s absence. These are excellent opportunities to tell the employee about work, and to reassure him or her that the organisation will support them during their absence and return to work.

You may need to adopt a slightly different approach to maintaining contact with an employee who is experiencing a serious mental health problem. Electing to maintain contact with the employee through a representative may be the most effective approach.

If your absent employee’s colleagues would like to get in touch with them, just as with a physical health problem, most people with mental health illnesses appreciate enquiries about their wellbeing. Initially, ask your absent employee what their wishes are in this regard, and what they would like you to convey about their sickness absence to colleagues.

Action Plans

It is vital that an employee’s return to work is managed well, especially when absence was due to mental ill health. A lack of support and poor communication are the most frequently cited issues to an effective return to work.

Develop an action plan prior to the employee’s return to help reassure them that their needs will be met. This typically involves the following:

  • assemble a multi-disciplinary team that includes the employee, his or her line manager, and any specialist treatment agencies
  • the line manager should agree the action plan and will be responsible for any adjustments agreed, even if discussions were with another nominated individual
  • be guided by the employee on when they wish to return to work, and put in place any reasonable adjustments to support this
  • an early return to work can help in the rehabilitation of employees who are not yet 100% fit; this can be facilitated by practices such as phased return to work
  • the action plan should address the employee’s health needs both for returning to work and on an ongoing basis
  • include agreed steps for the employee and manager to take, such as return to work adjustments and ongoing support, reviewing them regularly
  • set out expectations clearly to prevent misunderstandings, such as a realistic timetable for a return to normal duties.

Ensure that the action plan is flexible – mental health conditions fluctuate, and recovery can be a rocky road. The manager must patiently support the employee well beyond the first few weeks after return to work. When reviewing progress, adjust the employee’s workload as needed, for example by allocating fewer tasks or allowing longer deadlines.

HR and occupational health may need to provide guidance to managers to support them monitor the health and wellbeing of returning employees.

As there is a lot to take in here, I’ll cover what you need to do next, in order to ensure a smooth return to work for your employees, in the final part of this blog series.

In the meantime, if you have any further queries on managing mental health absence in the workplace, do call me on 0118 940 3032 or click here to email me.

* This blog is an edited version of an excerpt of an article by XpertHR – Managing Mental Health.

Sickness Absence – How Should You Handle it?

Every employee will invariably be sick and unable to work from time to time. It is important to keep in contact to establish any support they need and when you can expect them to return to work. In extreme circumstances, or where you suspect the sickness my not be genuine, it may be necessary to terminate a contract of employment but you must follow a fair procedure first – do you have the correct processes in place?

Short Term Absence:

• Discuss the problem with your employee as soon as possible and keep lines of communication open at all times
• Monitor the absence and document the ‘calling in sick’ process. Can your employee complete a self-certification notification or do you require a letter from their doctor?
• Once your employee is fit to return to work, make sure you have all your ducks in a row and that you conduct a return to work interview
• If necessary instigate a formal action process including warnings and dismissal, only as a last resort
• Learn from employee absence, conduct reviews and look for patterns that can help you to avoid absence in the future.

Long Term Absence:

This is when a period of absence exceeds four weeks in duration. In these instances your employee is required to provide medical support.
• Keep in regular contact with your employee and help to obtain medical advice that will assist in their return to work
• Avoid the risk of disability discrimination by taking your duty of care seriously and making all necessary adjustments
• Manage their return to work effectively, consider a phased return where necessary
• If your employee is unable to return to work, take the right steps to instigate dismissal on the grounds of ill health.

Dismissal is always a last resort. Factors that must be taken in to consideration before heading down this path include:

• The nature and length of the illness
• Length of service and previous record
• Any improvement in attendance
• The effect of absence on colleagues and the business as a whole
• Whether there are other employment options available.

The key to managing staff sickness is to keep in communication with your employees at all times. Don’t be afraid to contact a member of staff who is on sick leave. Don’t leave the situation to get out of hand.

If you have a member of staff who keeps taking sick leave, or who is on long term sick leave and you’re not sure what to do next, contact me on 0118 940 3032 or click here to email me.

How Do You Handle Winter Staff Sickness?

After a few months of cold winter weather and numerous ‘bugs’ going around the office, you might be wondering how best to handle winter staff sickness issues and how to keep your business running at full capacity. This blog will give you some tips on how to do this, until the better spring weather arrives.

How are you and your staff coping with the winter weather and the cold and flu bugs that always do the rounds at this time of year? Many people will need a bit of time off at some point during the year, to recover from an illness, so what are the benefits of managing absence in a proactive way?

Both long and short term absences can cost a huge amount – both financially and in terms of manpower. It’s never an easy conversation to have with your employees and it can be difficult to keep up with what action you can take, to keep within the law. The bottom line is this – do nothing and the problem won’t go away, but it could get worse. Finding out early on what’s going on with an employee who is absent can make a significant difference to your relationship with them and to their absence levels in the future. Talking to them allows you to get to the root of the problem and to provide them with the support that they need. By focusing on the absence it may also deter casual absenteeism – too many days off here and there.

Dealing with Short Term Absence

You should have a procedure in place that requires your employees to talk to a named person, rather than leaving a message, when reporting their absence. There should also be guidance on how soon after the start of the working day an employee should contact that named person, if they are too ill to come into work. A standard form should then be completed recording the date, time, reason given and predicted time of absence, to make sure the relevant facts are gathered consistently for each absence. If an employee does not turn up for work and does not report in sick, you should contact them by phone as soon as you can, to find out where they are.

Discussing the problem is essential; especially if one of your employees keeps taking days off for sickness. Maybe there is a work issue which you can help them deal with and solve. Providing the support they need will result in an improved working relationship, better morale and less time off sick.

You should always speak to the member of staff when they return to work, irrespective of how long they’ve been away. It shows you’re taking the situation seriously and acts as a deterrent for people who shouldn’t really be taking time off. Asking how someone is feeling after they’ve been off for even one day also shows that you care about them. Keep the conversation informal but take it seriously. Ensure confidentiality, have a clear structure, record what is said and above all, remain positive and supportive. You can ask them if they visited their GP, how they are feeling now and if there anything you can do to support them. Just remember not to ask any intrusive medical questions!

Communicating with your employees improves productivity and decreases absence, so follow these simple guidelines when dealing with short term sick leave.

There is plenty more advice on the Acas website, with guidance as to what to do when any of your employees take time off for being ill this winter. You can find the information here.

Are You Up To Date with What You Can Ask an Employee?

Book you place on our next Employment Law Update workshop.

There are certain questions that you cannot ask an employee who has been off sick. What’s more, what you can ask and the rules on how to handle the situation change from time to time, as changes are made to Employment Law. You can search the internet and HR publications for news on all the latest changes, which will be happening on 1 April 2017, but do you really have the time?

Twice a year we run interactive workshops that bring you details of all the changes to the law that you need to know about. We do the research so that you don’t have to! Our next workshop will be from 10am – 1pm on 30 March 2017 at Hennerton Golf Club in Wargrave, Berkshire. Before the event we will do the digging to find out about all the important legal changes that might affect your business and your employees. Then we deliver them to you in simple sections throughout the workshop, helping you to understand what you need to do about particular changes.

The workshop costs just £20 +VAT, to include plenty of tea and coffee to keep you going through the morning. You can ask any questions you have in total confidentiality and talk to the other participants about how they will be handling the next round of changes.

Click here to reserve your place now.

Managing the Malingerer

Managing sickness absence is always difficult and dealing with someone who you suspect is not genuinely ill has always been trickier. You might have seen it happen and had your suspicions, but how to you prove that the sickness was not genuine? It’s not easy, so here are some suggestions to help you.

Step 1: Identify and assess potential evidence

The first step is to identify and record available evidence to support your suspicions.

If you have evidence that one of your employees is being dishonest by claiming to be off sick when he or she is not, you may be able to discipline them or even dismiss them for misconduct.

Mere suspicions and rumours will not be enough to show misconduct. However, social media has the potential to provide a good source of possible evidence. If you are presented with evidence from social media, perhaps from another employee, you can use it in the same way as you would any other anecdotal evidence or an employee tip-off.

The credibility of the evidence retrieved from social media will need to be tested in the usual way. Has the information been taken out of context and are the dates of posting accurate?

There is debate over whether social media posts are in the public domain or private, in which case, your employee could argue that this breaches their right to privacy. However, interference with the right to privacy can be objectively justified and might be permissible if you have reasonable grounds to believe that your employee is fraudulently claiming sick pay.

In general, as an employer, you should be able to rely on such evidence, but each case would need to be assessed on its own merits and ‘fishing’ exercises are never advisable.

Step 2: Review the evidence

If your evidence of malingering looks robust and credible then you should be able to start a disciplinary process for misconduct.

A lack of evidence of dishonesty does not mean that you cannot challenge an employee you suspect is not really as ill as they claim. People will often continue to take unwarranted time off where they believe their absences are passing unnoticed.

You can address this by ensuring that return-to-work interviews are carried out following each occasion of absence and encourage your line managers to probe further (or push for medical evidence) if faced with evasive or inadequate answers.

Step 3: Give evidence of misconduct

If you believe you have evidence of dishonest behaviour, it is important not to jump to conclusions. Remember that employees do not have to be bed-bound, or even at home, in order to be unfit for work.

An employee posting pictures of himself on holiday or doing sport or other leisure activities may still be genuinely unwell. Many health conditions do not improve as a result of lying in bed. It is still important to carry out an investigation, as you would for any other allegation of misconduct.

How do you spot malingerers?

Some of the signs include patterns of absence, such as the same day each week; triggers for absence, such as being invited to a disciplinary meeting; reluctance to provide medical evidence or attend appointments; posts on social media; tip-offs from colleagues and reports of activities that seem inconsistent with ill-health, such as undertaking other work or going on holiday.

Step 4: Remember to follow your procedures

Before disciplining or dismissing the malingering employee for misconduct, you must follow your own procedures and the Acas ‘Code on discipline and grievance’, as you would do in any other disciplinary scenario.

You will need to put the evidence to the individual, hear their explanation and consider if that explanation requires further investigation and medical evidence may be needed.

You must also consider the individual circumstances of the case and any mitigating points, such as length of service and previous disciplinary history, as well as how similar cases have been dealt with in the past.

Make sure you follow this process any time you are unsure of how ill an employee really is. If in doubt about how to handle such a situation, contact us by calling 0118 940 3032 or clicking here to email us and we’ll help you through it.