Calling in Sick to Work

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 the sickness hit, as both employees and employers, there are things we can do to minimise the impact of sickness in the workplace. 

What does the law say?

By default, employees are entitled to ten days of sick leave each year.  This can be added to by specific employment agreements, so it pays to always check if an issue arises.  Employees are entitled to take sick leave any time they are unwell, provided they have leave accrued.

There is no statutory or legal entitlement to work remotely or “work from home”.  Where this is permitted, it will be governed by employment agreements and workplace policies.

Are you sick or not?

With the increase of remote working arrangements or working from home, the line is sometimes 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 better in the long run for getting them back to the workplace.

Coming into work when sick presents a health and safety risk to other employees so those who turn up sick might expect conversations about heading home to avoid others getting sick.  In some circumstances this might mean working from home if an employee is well enough but still contagious perhaps.  If these discussions are had with care and with all individuals in mind, they are likely to be well received.

In terms of being sick, it is important to remember that any time an employee is not well enough to work, they are able to sick leave.  This can include sick leave for mental health, if the impact of it is adversely affecting ability to work.

When is a medical certificate needed?

Generally, employment agreements or workplace policies will set out when a medical certificate is required, often where an employee is sick for three days or longer.  In workplaces where there is a high level of trust, medical certificates are not needed on every occasion, but if there is a prolonged illness or something that is going to have a lingering/flow-on effect, medical certificates are helpful to ensure that everyone is on the same page. 

In the absence of a medical certificate, understanding what exactly is going on and how long an employee thinks they may be out of action for is quite 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 of course the more information that is provided, the better the employer can plan around a situation and support an employee.  Particularly in instances of extended sick leave, employees should expect their employers to ask for more detail of the illness or injury and what that means in terms of their role.

Requesting sick leave

The rules for requesting sick leave are generally contained in workplace policies, or employment agreements.  Although employees are entitled to take sick leave when they are unwell, it should always be communicated to the relevant supervisor or manager before being publicly communicated to the wider staff or to clients/customers.  Communications should be made at the earliest opportunity and in advance of any upcoming shift or working hours commencing.

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.