Chances are you have experienced this before. An employee tries to book time off work, yet due to your business demands they are unable to secure the necessary time off, so they call in sick. How should you respond to this?
The reality of this situation is that the employee may have lied to you and this can impact on the implied term of trust and confidence that is an important element for the employee-employer relationship. You have refused their leave request for a reason – maybe you already reached the cap of leave for that period and therefore their absence would impact on the efficiency of your business, and the employee may have aggravated the situation.
Having a policy
The most important protocol is to ensure that your workplace policies reflect rules that deter employees from falsely claiming sickness.
Make it a written policy ahead of time that if an employee requests a day off and it is denied, and this employee later comes down ill, a medical certificate will be required the first day they return to work. Ensuring that employees are dealt with appropriately and fairly will send out the message that you take ‘fake’ sickness seriously and potentially deter this employee and other employees from doing it in the future.
Have consistent processes
Employers should have consistent and transparent processes for all employees.
Conduct a return to work interview, which should be the normal practice with all sickness absences. This will give you the opportunity to probe the employee on the reasons for their absence. Consistent return to work interviews after all absences is a key element because having to face you and explain the details of their ‘illness’ may seem too high a price to pay for the benefit of having a day off. Conducting a return to work interview will also help deter other employees and demonstrates that you take absenteeism seriously. Try not to pre-determine the outcome of your discussion with the employee as there may be sufficient evidence to show that they were actually sick.
Have transparent communication
The workplace might be an active rumor mill where you may hear that the employee is planning to 'pull a sickie.' However, you cannot base your suspicions on rumors. When the employee returns to work, schedule a catch-up and share your concerns. It is your right and responsibility to ask direct questions and engage in transparent communication. Do not make any accusations or allegations without any concrete or practical evidence. The mere fact that the employee has called in sick on a day that they requested annual leave does not indicate dishonesty or lying. An honest employee may feel that the implied mutual trust has been breached and can cause irreparable damage for both parties.
Know your obligations
As Australia’s leading workplace relations specialist, we can assist you with ensuring workplace has the appropriate sick leave and annual leave policies and procedures. Call us today on 1300754087 if you have any questions relating to workplace policies or grounds for dismissal.