Workplace policies

One of the more controversial aspects of the proposed change to employment law concerns the prospect of an employer asking an employee for a sick note after an absence of one day. 

Kate Wilkinson, the Minister of Labour, says that the suggestion that every employee will be asked to provide a medical certificate whenever they are sick is ridiculous.  Amongst other things, the Minister rightfully points out that employers simply won’t want to waste time and money requiring every worker to go and see a doctor (at the employer’s expense) when they have a day off for sickness. 

In contrast, Andrew Little (National Secretary of the EPMU and Labour Party President) says that the measure is impractical, and that “the cuddly nanny state has given way to school ma’am finger-wagging”. 

Rather than being a legal issue, this is probably something of a political question – and one of perception.  You may have your own views about the practicalities of the proposed change. 

What I did think I could offer to the debate, however, is a reflection upon developments in the UK around the presentation of sick notes.  Have a look here to see the way in which legislative amendments have resulted in doctors in the UK being significantly constrained in the information they may provide to employers by way of sick notes – to the point that they are now only allowed to indicate whether a worker is “fit” or “unfit” for work. 

One would think that the obligation of good faith (especially the need to be open and communicative about workplace matters) would require both employees and their doctors alike to be a little bit more forthcoming in the information provided – even where an absence is only for one day.

Here’s an issue that I’m sure has confronted almost every HR professional (and employment lawyer) at some time:  what to do about a rather non-specific doctor’s note certifying an employee as “unfit for work”. 

From the employer’s point of view, of course, you want a bit of information.  What is wrong with the person?  Could it be related to the workplace?  When (realistically) could they be expected to return? 

These are all issues which, in different ways, have been considered under New Zealand law – but a development this month in the UK is taking things a step further over there. 

A new system which is now in force in the United Kingdom only allows doctors to complete a prescribed fitness note – which either certifies an employee as “unfit for work” or “may be fit for some work”. 

Like anything, I’m sure that there is a rationale that has led to this conclusion – and it is possibly something that we could learn from in this country.  To read a bit more about it, have a look at this article in Personnel Today.