SICKNESS ABSENCE - 27.01.2011

Can you visit a sick employee at home?

The sickness absence problem

Although sickness absence rates have fallen in recent years, the average employee in the private sector still has 6.4 days off work each year due to “illness”. Further research shows that, at any one time, 3% of the entire working population is away from work because of it. So it clearly remains a major headache for employers.

Solving the problem

Of course, tackling sickness absence - regardless of whether it’s short or long-term - can also be a problem. This isn’t helped by a myth which circulates amongst employees; some think that you’ve no right to contact them when they’re off sick. But this couldn’t be further from the truth.

A matter of good practice

Not only is it perfectly acceptable for you to remain in touch with an employee during any period of sickness absence, it’s considered “good management practice” to do so. This means you can ask them for regular updates on their health and likely return-to-work date, e.g. via a daily or weekly phone call, or by meeting with them.

An invasion of privacy?

Some employees are sceptical of this approach; they feel it’s a breach of their privacy. But the bottom line is that careful management demonstrates you’re a reasonable and supportive employer who takes their duty of care towards employees seriously (this will come in handy should you face a discrimination claim at tribunal). That said, keeping a close eye on things will also help to unearth any fraudulent sickness absence.

Getting the policy right

Outline the management approach you will take in a robust sickness absence policy (see The next step). It should state that all employees are expected to attend a return-to-work interview following any period of sickness absence. Also, reserve the right to request a home visit where any illness or condition is “long-term”; this is usually deemed to be five or more days’ absence.

Requesting a home visit

If you want to visit an employee at home, don’t turn up unannounced or outside reasonable hours. This could be viewed negatively by the tribunal, e.g. that you’re trying to harass or catch them out. So always drop them a line first suggesting a date and time and explain the purpose of the meeting, i.e. it’s to see: (1) how they are; (2) if there’s anything you can do to get them back to work sooner; and (3) if an occupational health referral is needed (see The next step).

Tip 1. It’s possible an employee will feel uncomfortable with a home visit. You can meet on neutral territory, e.g. a hotel, but remember that discussing health-related matters in a public place could breach their privacy, so do point this out.

Tip 2.If an employee refuses a home visit, you can’t demand that one takes place. But if their sickness absence becomes a capability issue and you’re considering dismissal, any reluctance to discuss their health will go in your favour.

For a free sample sickness absence policy (PS 13.03.04A) and for a free sample letter to sick employee requesting home visit (PS 13.03.04B), visit http://personnel.indicator.co.uk.