These articles gives a general overview only and the legal position at the time of writing them. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print.
Swine Flu - Guidance for Employers
You cannot pick up a newspaper or listen to the news at the moment without hearing about the swine flu pandemic gripping the UK. With the Health Secretary predicting thousands of new cases of swine flu each day as we move towards Autumn and Winter, Employers are being faced with high levels of sickness absence.
The Department of Health are currently considering doubling the amount of time that staff can sign themselves off sick from work. This would mean that employees could remain absent from work without a doctor’s note for up to 14 days. Fourteen days will appear to many Employers as an excessive period of time, particularly given that flu typically lasts for a much shorter time. There is, however, the added complication of quarantine periods to consider, in a bid to prevent the spread of the illness.
There is now a real possibility that a large percentage of the workforce will be legitimately affected by swine flu by the Autumn. However, many Employers are also concerned that some opportunistic employees may see the outbreak as an opportunity to pull a “sickie” and take up to 2 weeks off work with relatively little consequences. Equally, some Employees may phone in sick, simply choosing not to attend work for fear of catching the illness.
So, what can Employers do to protect their business as the number of suspected cases of swine flu is predicted to rise?
- Employers are obliged to provide a safe system of work for their staff. Employers should therefore put in place measures to protect their employees’ health and safety. This may include better hand washing facilities or hand-hygiene products, and risk assessments of the workplace.
- Put a contingency plan into place now to deal with high levels of absence. Employers should also bear in mind that it is not only an employee’s own sickness that could lead to time off work. Numerous employees may have to care for children or relatives. Laws are in place entitling employees to reasonable time off work without pay to deal with an emergency involving a dependant.
- Review HR policies to deal with unexpected levels of absenteeism. This may include the booking of annual leave over particularly badly affected months.
- Continue to review policies relating to the management of short term sickness absence. Remember, providing that you have an established absenteeism policy, it is generally okay to discipline staff with high levels of sickness absence providing that all employees are treated the same.
During these unusual times, it is vitally important that Employers have dedicated policies dealing with short-term sickness absence and that they understand their employees rights to unpaid time off to care for dependants. Employers should also understand their contractual sick pay scheme and ensure that they only pay employees the pay that they are entitled to.
July 2009
This article gives a general overview only and the legal position at the time of writing this article. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print. For further information and advice, please contact Paul Archer or Lauren Harkin on 0800 135 7917 or alternatively by email on Paul.Archer@lemon-co.co.uk or Lauren.Harkin@lemon-co.co.uk.
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