LAW-CALL
The team at Law-Call, a 24-hour legal helpline available to Alliance members, provide guidance on managing short-term absence
Dealing with short-term, short-notice absence is an issue that affects organisations of all sizes. However, for very small businesses or charitable organisations, this can be detrimental, especially if margins are slim. In such cases, there are often no funds to pay for cover staff alongside Statutory Sick Pay for the employee who is absent, too. Early years providers don’t have the luxury of making do with their remaining staff as strict staff-child ratios need to be adhered to for safeguarding purposes.
While it’s unreasonable to think that short-term absence can be eliminated from the workplace – coughs, colds and flu cannot be completely avoided – much can be done to reduce unwarranted absences and the costs associated with them. If a sensible, measured approach to occasional absence is taken, it can help to build trust and show flexibility on the employers’ part. For that to be effective, though, it should also be backed up by a good cultural framework and policies that help prevent absences escalating.
Employers should have a sickness absence policy in place that contains short-term absence procedures and sets out the expectations of both the employer and employee for any type of unscheduled absence. Standard sickness absence policy and procedure templates, alongside general guidance on how to manage sickness absence, are included in the Alliance publication, People Management for the Early Years (available at bit.ly/U5PeopleEY).
How absence is viewed and dealt with should be consistent. Frequent absences that are not dealt with properly can result in a domino effect, where other staff may feel that what’s ‘good for the goose is good for the gander’. It can also damage staff morale among those that keep picking up the slack. Inconsistently following procedures creates a nonchalant culture that erodes trust in the wider staff, making it more difficult to draw a line under frequent absences.
There’s also a balance to be struck between positive reinforcement and sanctions.
Employers should promote a positive attendance culture, where staff know they're supported and can comfortably approach their line managers. If staff feel they can bring up a problem at work or home and are listened to, this may lessen work or home-related absences passed off as illness. Staff must also understand that unwarranted or excessive absences will not be tolerated and that sanctions exist via disciplinary procedures – potentially extending as far as dismissal.
Employers should consider the regular use of return-to-work interviews. It can help identify patterns or potential problems with absence at an early stage. It’s useful to see the employee face to face, especially if there are concerns about whether an absence (or absences) is genuine.
If a staff member fails to attend work and doesn’t make contact, the employer is entitled to call them. Even when there is a genuine reason for the absence, the employee should still follow the set reporting procedure. Not doing so means the employer has the right to take disciplinary action.
Should the employer reach a stage where an employee’s absence levels are a cause for concern, each absence should be reviewed to identify any links or underlying conditions or issues that require further investigation. Absences for disability-related conditions, pregnancy, or childcare should be separately recorded as such.
If the employee has reached the point where a meeting about their absence level is required, employers should ensure they have all the data to hand – such as the number and frequency of absences, and the percentage of overall working time lost. It can often be a surprise to employees that those ‘odd’ days off have added up to an unreasonable amount of time.
Disciplinary action may be appropriate where there is a pattern to the absences – for example, before or after a weekend or bank holiday. This should be considered after an appropriate investigation to establish facts, once it’s been determined that there’s no underlying health condition that may suggest a disability.
If employers are experiencing short, persistent and unconnected absences, it may be possible to take formal action in accordance with a sickness absence policy, which we will explore in the next issue of Under 5.
All Alliance members can contact the team at Law-Call for legal advice. You can find their contact details in the members’ area of our website at portal.eyalliance.org.uk.