Calling in Sick
Minimising illness in the workplace
The winter months always seem to take their toll around the workplace with bugs lingering long into spring. While you can’t always control when sickness hits, as both employees and employers, there are things we can do to minimise the impact of illness in the workplace.
What does the law say?
There is no statutory or legal entitlement to work remotely or ‘work from home’ if employees are sick. Whether this is permitted depends on employment agreements and workplace policies.
Are you sick or not?
With the increase of remote working arrangements or working from home, the line can be blurred between sick leave and remote working. If an employee is sick, then they should stay home and take sick leave.
This does not mean that they are ‘working from home.’ There is no obligation for employees to work while they are sick. In fact, ensuring that employees have time to properly rest and recover is often more helpful in getting them back to the workplace.
Coming into work when unwell presents a health and safety risk to other employees; those who turn up sick are likely to expect conversations about going home to avoid others becoming ill. In some circumstances this may mean working from home if, for example, an employee feels well enough but is still contagious. If these discussions take place with care and with all individuals in mind, they are likely to be well received.
It is important to remember that any time an employee is not well enough to work, they may take sick leave. This can include sick leave for mental health if the impact of it is adversely affecting the employee’s ability to work.
When is a medical certificate needed?
Generally, employment agreements or workplace policies will set out when a medical certificate is required; this is often required where an employee is sick for three days or longer. In workplaces where there is a high level of trust, medical certificates are usually not needed on every occasion. If there is a prolonged illness or something that is going to have a lingering/flow-on effect, medical certificates are helpful to assist employees and employers to manage the issue.
If there is no medical certificate, understanding exactly what is going on and how long an employee thinks they may be away from work is important. For an employee, this shows good faith in assisting their employer to manage their absence and workload. That communication can also mean that there is less stress for the employee resulting from their absence from work.
There is no need for an employee to provide every detail of an illness, but the more information that is provided, the better the employer can plan around a situation and support their employee. Employees should expect their employers to ask for more detail of the illness or injury, and what that means in terms of their role, in instances of extended sick leave.
Requesting sick leave
The procedure for requesting sick leave is generally contained in workplace policies or employment agreements. Although employees are entitled to take sick leave when they are unwell, they should always contact their supervisor or manager first (by phone, text or email, in line with specific workplace policies). It’s essential that employees notify their workplace at the earliest opportunity – either before the start of their upcoming shift or at the start of the working day.
In our experience, where the focus is on hauora and where communication is strong, sick leave will be well managed for the benefit of both employees and employers.
DISCLAIMER: All the information published is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in this newsletter may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2019. Editor: Adrienne Olsen. E-mail: adrienne@adroite.co.nz. Ph: 029 286 3650 or 04 496 5513.