This can be frustrating, and employers often misunderstand their rights and obligations around absenteeism management.

The Victorian Chamber’s Expert Workplace Relations Consultants have compiled their top five tips to deal with workplace absenteeism.

#1: Don’t discipline a person for the absence itself

The Fair Work Act 2009 (Cth) section 352 prohibits employers from dismissing an employee who is “temporarily absent from work due to illness or injury”. The penalties for doing so are currently set at up to $16,500 per breach for an individual, and up to $82,500 per breach for a company. Importantly, the courts generally treat each day for each employee as separate breaches, meaning the penalties can quickly multiply.

Some organisations try to circumvent this by inventing another reason(s) for discipline/termination of employment. This is also problematic. The employee is much more likely to have a strong sense of injustice, prompting a Fair Work Commission (FWC) claim. The organisation then has great difficulty defending the claim.

Employers can minimise their risk in managing these matters by ensuring the directions and requirements they set for employees are “lawful and reasonable”. For example, where an absence has become chronic, a manager can meet with the employee and make them aware of the high level of absence or pattern of absence, and that the organisation would like to see an improvement.

The employee could be given clear directions (ideally followed up in a letter of expectation, or an ‘Absence Management Plan’) about a period of time (perhaps six to 12 months) during which they must meet additional requirements for notifying the employer of any absences, and provide additional evidence of the reasons for absences.

If the employee fails to meet these additional reasonable and lawful requirements/directions, they should be advised they may receive a written warning or other disciplinary outcome. Our experienced Workplace Relations Consultants can assist employers prepare and communicate these requirements in a way that minimises risk and supports the employee to improved attendance.

#2: Ensure you have data

It is common that an organisation has a perception about the number of days of absence a person has taken, which is not backed up by the data. Likewise, an employee presented with the dates of absence (and whether evidence was provided for each) and information about the days or shifts frequently underestimate their levels of absenteeism. Providing data at the outset of a conversation means there is no argument about what is factual, and it moves quickly to trying to problem solve.

#3: Try to understand the root cause

As with any performance or conduct meeting, the aim is to get to the root cause of an issue. This means asking to understand what has been causing the issue.

Some organisations may make a collaborative Absence Management Plan with the employee, which may include tasks or activities helping to address things in their personal or working life that are contributing to the issue. For example, an employee frustrated by a workmate or customer may be encouraged to use the Employee Assistance Program or given coaching support. An employee struggling with grief may be given the number for Griefline and information about local organisations that specialise in grief support groups.

It is important to remember that where the absence is related to a protected attribute under unlawful discrimination laws, employers have an obligation to provide ‘reasonable adjustments’. For example, if an employee has an ongoing mental or physical condition, it may be considered a ‘disability’. It is important to tease these issues out early, and understand your risks as an employer, rather than discovering them later via a legal claim.

#4: Use proactive strategies

High levels of absenteeism across a workforce have been shown to be a symptom of low levels of employee engagement. Addressing this is the ultimate goal.

High levels of engagement are linked with employees “going the extra mile” to the extent that it has an impact on organisational performance and profit.

Some workplaces use a process where a manager speaks directly with an employee on the day they return to work, acknowledging their return, checking their wellbeing, offering any supports, updating them on anything they missed, and affirming their importance. These have been found to be helpful in reducing high levels of absenteeism.

When an employee notifies you of their absence, it is useful to ask how long they think they will need off. This allows the organisation to better plan to cover the absence, with reduced administration. Rather than the employee phoning each day, and a manager having to get an agency temp for the day, they may be able to arrange one for the next three to five days.

#5: Ongoing situation

The Fair Work Act provides that an employer cannot discipline a person who is ‘temporarily’ absent from work due to illness/injury. The Fair Work Regulations 2009 (Cth) clarify that a ‘temporary absence’ means up to three months – as consecutive days or cumulatively within a 12-month period.

An employer may take steps to commence a termination process where the absences exceed three months but should be aware that the Fair Work Act still requires a short process, including writing to the employee, hearing their views, and genuinely considering these, before making a final decision to terminate.

How the Victorian Chamber can assist

For assistance on any aspect of your employment obligations, please call the Victorian Chamber Workplace Relations Advice Line on 8662 5222.

Workplace Relations Advice Line

Trying to deal with workplace issues alone but don’t know where to start? Before you take any action, call our Workplace Relations Advice Line.

Our experienced team are here to give you over-the-phone advice about human resources or workplace relations issues. Our Complete and Connect members have free and unlimited access to expert advice through the Workplace Relations Advice Line.

Fair Work representation

Managing claims in the Fair Work Commission (FWC) can be one of the most stressful and costly issues for your business. With help from our Workplace Relations consultants, you can rest assured our expertise is on your side.

Employment Termination

It is important to manage the termination of an employment relationship carefully to ensure you meet your legislative obligations, regardless of whether the employment contract is terminated by the employer or employee.

Wages and Entitlements

Is your business paying its employees correctly? When it comes to wages, awards and entitlements, ensure that your business complies with the law with professional support from our Workplace Relations Advice Line and consultants.