It might just be the time of year, but we are encountering many businesses that are dealing with excessive employee absences. The reason for the absences varies, but the impact on businesses that are already trying to operate in hard economic times is being greatly felt. So what can be done when you have an employee who fails to turn up for work?
There are a few options for dealing with employee absences depending on what the reason is for the absence and whether it is genuine.
Sick Leave
Employees are entitled to 10 days of sick leave per year, which can be used for either themselves or a dependent. For employees with excessive sick leave it is critical that employers keep track of this and request medical certificates for absences of three days or more. A medical certificate can be requested earlier if there are good reasons to suspect the sick leave is not genuine and the employer covers the costs of getting certificate.
If sick leave is genuine and supported by medical certificates, but an employee is unable to return to work for an extended period due to illness or injury, there is the possibility of ending their employment due to medical incapacity. However, care must be taken when following such a process and we strongly recommend seeking legal advice first.
Personal Circumstances
Sometimes an employee’s personal circumstances may prevent them from attending work. While an employer may wish to provide some flexibility depending on the reasons for this, setting out in writing clear expectations regarding the requirement to attend work during the employee’s contractual hours is important. As is setting out the potential consequences (such as possible disciplinary action) if this requirement is not complied with.
Abandonment
Abandonment is when an employee does not attend work and fails to communicate with the employer. Most employment agreements will set out how many days must be pass before an employer can rely on abandonment. Commonly this is between 2 to 3 days. It is critical that an employer is this situation makes attempts to contact the employee to find out why they are not at work. Employers should first seek legal advice before confirming abandonment to ensure legal obligations have been met.
Unauthorised Leave
Any request an employee makes for annual leave must be agreed to by their employer. If there are operational or other reasons why leave cannot be accommodated at the time requested, leave requests may be reasonably declined. When employees take leave without authorisation, this could justify commencing a disciplinary process.
The specialist employment law team at DTI Lawyers can assist businesses in relation to all employment matters, including advice on employee absences and the options employers can follow for addressing this issue. For any further information on employment law queries, please contact Jaime Lomas – jaime@dtilawyers.co.nz
By Jaime Lomas – Director and Specialist Employment Lawyer, DTI Lawyers
