Long term sickness absence

cavework

This is an Employers perspective .. so forgive me if I offend a few..
Small business that employs 6 fulltime staff that are brilliant.
One employee off for nearly 6 months with ' non work stress related illness'
All the the other staff working really hard to cover the absence with no definate date for a return to work and employers finding it very hard to get sick employee to return phone calls . Just a faxed copy of sick note when last one runs out.
Sick employee has accrued 3 weeks holiday pay this year and has been issued with a fit note that only states an advised phased return to work of 3 days per week over 7 weeks with no more requirement to see the DR. No advisory notes re working conditions.
As employers we have worked really hard to accomodate this advice and have suggested various options. We really do want this person to return to full time work
After return to work meeting we have tried really hard to fit this 3 days a week into the normal working practice.. we are not an on site company, our employees work in teams of 2 per vehicle.
We are providing a vehicle and asking them to to work with us (the partners) to start so we can monitor and make a further risk assesment before a full time return to work with original team mate
1.. work 3 days a week Wed, Thurs, Fri our busiest time but with 2 other people, us (so if employee feels that it is too much they can leave and 2 people are still in place to finish job) and use the other two as holiday pay
2.. take 3 weeks paid holiday before the phased return to work
3.. work 3 days a week and take every alternative week as holiday
IN fact take Holidays as and when suits before the final week which is 5 days for the Xmas period dependant on other employees who have already booked holiday in advance.
Our contract states holidays are to be taken from Jan to Dec..
Employee wants to work Mon Wed and Fri and is saying that as the other 2 days a week can be used as holiday to up wages to the usual income , that they have the right to dictate which days they choose to work
We are saying we are trying desperatly to accomodate the advice from DR we cannot support this.
We have an obligation to our other staff and are trying our best to support a phased return to work that does not affect our other employees and ensures that this employee is not placed under too much stress that could result in even more sickness absence..
How far are we expected to go?

MrRedundant

Your not expected to go far at all.

A fit note is just recommendations. If you cannot accomodate them then the person remains off sick. If they insist on doing MWF then refuse to accomodate any phased return.

The illness you describe is unlikely to be covered by DDA.

If the person still doesnt return to work consider Occupational health involvement and dismissal.

Emmzi

well, they do not have the RIGHT to dictate. If you didn't have other staff available to work with them on the days they want to be in, for example, and it's a phased/ supported return to work, you aren't expected to shift everyone's holidays and days off about to revolve around them. Also I note it is "non work related" stress so I am struggling with why set days are better.

Personally I'd have a chat about WHY they feel one day on and one off is better - is it a tiredness thing, for example?

If it does not suit the business you are at liberty to say all or nothing.

Are they still on full pay?

I think I'd have been having a potential dismissal conversation before now - harsh but with a small number of employees you need to think what is best for all of them. Do you have an absence policy?

dmg24

I agree with MrRedundant, you are being more than generous. If the employee cannot meet you halfway I would go down the incapacity/ dismissal process.

cavework

MrRedundant wrote: »

Your not expected to go far at all.

A fit note is just recommendations. If you cannot accomodate them then the person remains off sick. If they insist on doing MWF then refuse to accomodate any phased return.

The illness you describe is unlikely to be covered by DDA.

If the person still doesnt return to work consider Occupational health involvement and dismissal.

Thank you .. we really are trying to accomodate the DR,s advice on the sick note but we have to take into consideration the H&S of our employees and the H&S implications for the person returning to work.
We have contacted the NHS advice line for small businesses and taken their advice..

MrRedundant

Tbh If the employee wants to be awquard then I fully suggest your are as awquard back.

cavework

Emmzie .. we are a small business and all we can offer is Stat sick pay .. we have had quotes from solicitors for over £1000 a year to deal with issues such as this . We cannot afford this as we are aiming to increase our employees wages .. they are a brilliant bunch of people who have worked really hard to cover this absence .. obviosly they have been paid overtime!

cavework

MrRedundant wrote: »

Tbh If the employee wants to be awquard then I fully suggest your are as awquard back.

Thing is it is not about being difficult. We are not 'punishing' this person for being off sick. They have been with us for 3 years and were brilliant.
We really do want them back full time and fit,
Thanks for the feedback tho

Googlewhacker

There comes a point though where you have to put the business and the other employees needs above this employees needs. It seems you have been more than reasonable, so much so you allowed photocopies of a sick note (most employers would expect the original!)

Emmzi

cavework wrote: »

Emmzie .. we are a small business and all we can offer is Stat sick pay .. we have had quotes from solicitors for over £1000 a year to deal with issues such as this . We cannot afford this as we are aiming to increase our employees wages .. they are a brilliant bunch of people who have worked really hard to cover this absence .. obviosly they have been paid overtime!

Then I think the best thing you can do is get them in for an pen and honest conversation. You DO want them back, you DO value them, but it's been 6 months, the other staff are tired, and you need a fast plan that works for everyone. You can meet them part way (part time work) but unless they can fit it with the work patterns that suit everyone...

You do need to be prepared to let them go if you can't reach an agreement.

And I do think it is worth thinking about writing down a policy. It needn't be complicated, and places like the ACAS website can help a lot. As you expand, eventually you'll get someone too ill to come back to work, someone swinging the lead... it's easier if you have your policies written down.

cavework

Emmzi.. Thank you and we will be doing that ASAP..
Thanks for all the other replies also.. it has really helped
PS .. just to add
not all employers are out to s**** their employees