How good absence management policies can help protect against spurious sickness absence

Statutory sick pay (SSP) was introduced on 1st January 2023 and increased from the first three days of illness to five days on 1st January 2024. Where people are genuinely ill, it offers valuable financial assistance, but it may also make it more tempting for staff to feign sickness absence, knowing they will still get paid.

Here is a refresher of the rules as they stand, plus our best ideas for robust absence management that will discourage spurious claims.

Sick leave and pay as it stands

Statutory sick pay is payable by you as the employer for up to five days a calendar year. This may be spread over more than one illness. It is paid at a rate of 70% of normal pay up to a maximum of €110 a day.

To qualify, your employee must have been working for you for at least 13 weeks, and certified by a medical practitioner as unable to work. If their illness lasts longer than five days and they have sufficient PRSI contributions they are able to apply for Illness Benefit directly from the government. This starts from day six.

How can you manage sickness absence effectively

The hallmarks of good sickness absence policy didn’t change when SSP was introduced; they just became more important to adopt.

While there are plenty of genuine employees who will benefit from the additional financial support that these changes provide, the changes may also make it more tempting for others to “pull a sickie”, knowing that they will still get some pay coming their way. By having more robust controls, you can discourage such behaviour. Here are the top areas to look at:

Policy review – Start by understanding what your policy currently says. It may already contain everything we are about to suggest. Or you may contractually already offer something more generous than the current statutory set up. You may find lots of gaps which you can address.

Sickness reporting – Requiring employees to report sickness absence by telephone at the start of the first day of illness is best practice, where it is possible for them to do so. It allows you to gauge their voice and get a sense of the circumstances of their illness. It is easier for them to deceive you if they are allowed to notify by email, text or by having a third party contact you on their behalf. Ask them to call every subsequent morning that they are ill, where possible.

Absence records – Maintaining good absence records is essential for running a successful team: allocating annual leave fairly, complying with maternity leave and so on… But when it comes to sickness absence, good records are vital for spotting suspicious signs (like often being ill on sunny Fridays) and for gathering evidence if you are to instigate disciplinary or capability measures.

Return to work interviews – These are a valuable tool. By embedding these in your business, you set the expectation that every absence is noticed. Where the absence is genuine, it gives you the opportunity to show care. Where it is suspicious it gives you the chance to better identify this and commence further investigation. Consistent return to work interviews should reduce spurious absence.

Investigations – Give yourself scope to perform investigations where they may be required for disciplinary or capability reasons. Have a process for conducting them fairly, bring in expertise where required like occupational health, and apply them consistently throughout the business. Be mindful of discrimination, as many underlying causes of sickness absence could come in to the sphere of disability. We can help with professional advice.

Help from The HR Dept

We may not be able to change the SSP rules, but we can help you live with them as best as possible. If you would like help reviewing and improving your sickness absence policies, procedures and culture, please contact us and we would be delighted to provide targeted help.