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.
About the Blogger
Proudly supported by
