Employment law

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castaside
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Employment law

#1 Post by castaside »

I've an employee who recently was sick from work. They were sick for two days and their 3rd day was their day off.


Our contracts states once absent for 3 days a GP note is required. They didn't bring one in. They are claiming that they were only absent for 2 days. I told them that they were not here for 3 consecutive days so they need a note.

I told them that I can request a note for 1 day if I feel it necessary. They don't abuse sick days (we don't pay any days absent) and I don't have any problems with this staff member. I am annoyed they took time off so close to Christmas, our busy period.

They are now saying that if I am going to count their day off as a sick day, then they are entitled to another day off , is this true ?

Can I make them bring in a sick note ?

They are saying they can't get one till Monday as no gps open, they are rostered on Monday. Do I change their day off to Monday ? They are working the week end.

Tink
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Re: Employment law

#2 Post by Tink »

Counting the 3rd day as a sick day is strange, I think you are being pretty pedantic over it. If they were still sick over their day off then it is up to the employee to declare it. Did you expect them to turn in on their day off just because they had been sick the previous 2 days? Also, can they help being ill during your busy time? You've said they don't abuse sick time so I would have let this go and wouldn't have been demanding sick notes. I've always worked under UK law so maybe slightly different, but I would never have treated any member of my team this way.....
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molls
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Re: Employment law

#3 Post by molls »

I can't see how a day they weren't due in can be counted as the third consecutive days, and to insist on them paying for a sick note for days they won't be paid for us just shitty.
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Re: Employment law

#4 Post by Vino »

They had two days off sick, why are you agamggmj the rules requesting a sick note?
Why are you so determined to antagonis a good employee?

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Re: Employment law

#5 Post by tel »

They were not absent on the 3 rd day so not a sick day unless the absence continued after the day off.

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Re: Employment law

#6 Post by apache »

The third day wasn’t a sick day. You’re being unreasonable to an employee who doesn’t abuse sick days which is baffling.
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Re: Employment law

#7 Post by Dimple »

molls wrote:I can't see how a day they weren't due in can be counted as the third consecutive days, and to insist on them paying for a sick note for days they won't be paid for us just shitty.
This,

And as far as I know if they now provide you with a sick note they will be entitled to another day off for that 3rd day so it's a case of you shooting yourself in the foot

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Re: Employment law

#8 Post by HydrangeaQueen »

Pick your battles. Sounds like a genuine case, especially as your company doesn’t pay sick leave.

jagg
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Re: Employment law

#9 Post by jagg »

You need to be careful of your language/choice of words.
You say someone "took time off" during your busy period.
They didn't take time off, they were sick.
They were sick for two days and took their rostered day off, whether they were sick or not on their day off is neither here nor there, it is their day off. They can do as they wish on their day off -even be sick. They weren't rostered to work.
If you have no other problems with the employee, I would apologise to them and say you were having an off day.
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Re: Employment law

#10 Post by Joanne12 »

3rd day was not a work day if they were rostered off so shouldn’t be considered a third consecutive day. Why would you want a cert from a gp that would be written when the employee is well? Makes no sense. The gp can’t retrospectively say the individual was sick last week. If you have no other issues with this individual then I agree that you are risking damaging your working relationship.

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Re: Employment law

#11 Post by apache »

If you don’t pay for sick days then why do you require a sick note?

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Re: Employment law

#12 Post by Bubbles »

I didn’t read replies but if they are to take the 3rd day as a sick day you do need to give them another day off. Otherwise they don’t need a note as they were only off sick 2 days. If you don’t pay sick leave why have they to incur the cost of going to the gp for a cert?

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Re: Employment law

#13 Post by Supermaman »

People have already pointed out a lot that sounds off in your analysis of the situation. They were sick.
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Re: Employment law

#14 Post by snow-white »

Has the op gone??

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Re: Employment law

#15 Post by Ribbit »

They were absent due to illness for 2 days, the third day was an unrostered day so doesn't count. I don't think a GP note would be required in these circumstances.

Since sick days are unpaid then it shouldn't matter.
Ribbit

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