Read again: Managing unforeseen emergencies and ensuring workplace wellbeing

 

What legal rights do staff have in missing work due to unplanned circumstances? And what can practice managers do in these instances? Find out below

CREDIT: This is an edited version of an article that originally appeared on Practice Index

In the realm of general practice, established protocols exist for managing employee sick leave. However, addressing absences arising from childcare or family emergencies often presents uncertainty for managers. This article delves into the intricacies of employee rights surrounding such absences, while advocating for a holistic approach to workplace wellbeing and offering practical insights for effective managerial response.

Defining the Absences in Question

Distinguishing between various types of absences is paramount. Notably, these absences aren’t associated with employee illness or injury, bereavement, or stress. Rather, they encompass situations where a fit and healthy employee is unable to attend work due to unplanned, uncontrollable circumstances. Typically, these situations fall into two categories:

Short-Term Childcare and Dependant Issues: Including unforeseen childcare challenges or the needs of other dependants such as elderly parents.

Other Short-Term Emergencies

Encompassing situations like home-related crises (e.g., a kitchen flood, snowed-in conditions) or sudden transportation breakdowns.

Understanding Employee Rights in These Situations

Employees possess a statutory right to take time off for unforeseen emergencies involving dependants. This provision facilitates the arrangement of alternative care for dependants. The term ‘dependant’ encompasses spouses, partners, children, grandchildren, parents, and individuals reasonably relying on the employee’s support or residing within the same address. Notably, this time off typically doesn’t carry an entitlement to pay and is meant to be short-term, usually lasting a day or two at most.

For other short-term emergencies not related to dependants (as mentioned above), legal rights for time off might not be inherent unless outlined in the employment contract. Nevertheless, if an employee cannot physically attend the workplace due to such emergencies, their absence is evident.

Employer Approach to Managing These Absences

Employers typically address these scenarios through specific policies that cover emergency leave for dependants. These policies might extend to other short-term absences as well. Employees are usually required to adhere to the same notification process and timelines used for sick leave reporting. These absences are documented separately from regular sickness absence and are reviewed by management when necessary. Employees could be presented with options such as:

• Remote Work: When feasible, employees may work from home.
• Holiday Deduction: Employees might choose to utilize their holiday entitlement for the day.
• Work Rescheduling: Arrangements can be made to make up for the missed day on a later date.
• Unpaid Leave: The employee may opt for unpaid leave.

Promoting Workplace Wellbeing

With an increasing focus on employee wellbeing, GP managers are encouraged to adopt flexible approaches for addressing life emergencies. Accommodating unforeseen situations can alleviate stress for staff and demonstrate appreciation for their commitment. Some practices offer paid carers leave as a workplace benefit, even though it’s not legally mandated. Clearly outlining this benefit in contracts/policies and defining its usage criteria can enhance employee engagement and loyalty.

Managing Frequent or Repeated Absences

While occasional emergencies are inevitable, addressing consistent, recurrent absences requires a balanced approach. When emergencies become frequent, discussions with employees are essential. The nature of these discussions depends on the specific reasons behind the absences. Importantly, it’s essential to differentiate between dependant-related emergencies (protected by law) and other emergencies.

In cases of non-dependant-related frequent absences, employers can establish clear boundaries for tolerable non-sickness emergency leave and its consequences. However, in situations where childcare or dependant-related needs contribute to repeated absence, a more nuanced approach is required.

Managers should address attendance concerns delicately and explore underlying factors influencing the situation. Proposing flexible work arrangements or encouraging shared responsibilities within the family unit can be fruitful strategies.