Can Your Employer Contact You if You’re Off Sick?
If you can’t make it to work due to illness, you have rights. In any situation, your health comes first, and employers should respect that. But does this mean they can contact you while you’re off? Let’s take a deep dive.
Can Employers contact employees about work on sick leave?
In short, yes, they can contact their employee on sick leave, but it’s advised that they don’t.
An employer shouldn’t contact their employee while they’re on sick leave unless it’s for something important, for information that only they have access to, or to check on their well-being. If an employer does contact an employee, it should be short and concise.
Why it’s important to maintain contact with an employee while they’re off sick
ACAS advises keeping in contact with employees as a way of checking on their well-being and seeing if they need any support. However, it’s heavily advised that they avoid any business-related topics as this could affect their mental health or prolong their sickness.
@365employmentlaw I’m off sick! Can my employer still contact me? For further advice please contact us at: info@365employmentlaw.co.uk. #sick #free #law #legal #fyp #question #absence #sickleave #advice #employer #employee #phone #call ♬ original sound – 365 Employment Law
What you must update your employees on during sick leave by law
Employers should update employees who are off sick about the following information:
- Promotion or other job opportunities
- Redundancies
- Reorganisations that could affect their job
This is so that employees who are off work for illness or disability are not treated differently or miss out on opportunities.
Reasons not to contact employees
Employers may think their employees are well enough to chat about work, or may even think to ask if they are. However, it’s important that employers don’t contact anyone on sick leave for numerous reasons.
They need time to rest
Although it may seem like some illnesses are more valid than others (e.g. a headache vs a stomach bug), not all illnesses are simply what they seem. If an employer has decided they are ill enough to take a sick day, it’s important to respect their reasons and give them time to recover. For example, a simple headache may be a repercussion of intense stress, which will only be exacerbated by talking about work.
It could aggravate their illness
Contacting an employee – especially about work matters – while they are sick could put pressure on them to come back before they are ready, which could make them feel worse and potentially spread any contagious illness to other employees.
Pressuring staff to return too early
The ‘always on’ culture in the UK means that employees feel pressure to return to work or work while they are off. Apps like Microsoft Teams and Office 365 make it difficult for employees to switch off from work. Contacting employees can only make this worse.
The employee will not be able to help
Some employees may be happy to be contacted when they’re off sick, but this should be discussed beforehand if they are happy to be contacted about something in the office. However, much of the time, employers can generally find the information they are looking for at the office, and the ill employee may not have the answers from their home anyway.
Could be viewed as harassment
In some cases, it may be necessary to contact an employee who is off sick, but for anything that can wait, or can be found out elsewhere, it could have resounding consequences and could be seen as harassment.
If an employee is off sick, simply leave them to recover in peace.
Best practice recommendations for sick employees
Contacting an employee during sick leave should always be done with care and without much fuss – no matter if it’s a one-day absence or long-term sickness. Here are some tips employers can take action on immediately:
- Agree on how much contact is appropriate from the start
- Make sure the reason for contact is to be supportive rather than work-related
- Always put the employees’ well-being first.
- Contact should always help the employee feel valued rather than pressured
Supporting your sick employees
Supporting employees can look different for each employee based on their personality, preferences, and reason for absence. Some may need radio silence, whereas others would benefit from the occasional check-in.
Here are some ways you can support your sick employees:
- Share sickness policy
- Let them know what support is available
- Be open to flexible working or phased return when they are ready
- Make any requests for medical evidence clear and only when necessary
- Respect the employees’ requests for support, space, or check-ins
Supporting employees’ return to work
When an employee returns to work, it can be extremely beneficial to hold a back-to-work meeting to discuss their readiness and their needs. Depending on the reason for sick leave, a phased return, flexible hours, or modified duties may help.
During this meeting, it’s important that the employer checks on their wellbeing, discusses any important work updates, and plans the return. Ongoing support and monitoring can help ensure the employee is settling back into work happily.
Need help creating absence policies?
Supporting employees during sick leave is crucial to their health and wellness and can help with retention. However, it can be tricky to get right.
At 365 Employment Law, we’ve helped many businesses create fair, clear, and legally compliant absence policies in their company handbooks that protect both your staff and your organisation. Talk to our experts today and ensure your team is supported.
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