Managing sick leave and absence is a sensitive and complex challenge for employers, requiring a careful balance between the operational needs of the business and fairness to its employees. While the Sick Leave Act and Statutory Sick Pay (SSP) provide important supports, they do not remove the responsibility on employers to manage attendance appropriately. Avoiding conversations about absence due to fear of legal risk can often lead to situations deteriorating further.
Legally, employers are entitled to manage sick leave provided they act fairly and consistently. They can request medical certification confirming an employee’s incapacity and expected duration of absence, though employees are not obliged to disclose their diagnosis. Employers must also consider reasonable accommodations for employees with disabilities under equality legislation. However, this does not extend to indefinite absence or unsustainable arrangements. Even in cases of long-term absence, fair procedures, clear communication, and evidence-based decision-making remain essential.
A people-centred approach is key in managing absence. Regular, respectful contact helps maintain trust, supports employee wellbeing, and provides clarity around return-to-work planning. Occupational health assessments can be particularly useful in complex or prolonged cases, offering independent professional medical advice.
In addition, employers should consider investing an Employee Assistance Programme (EAP) which provides employees with confidential access to professional support during challenging times and demonstrates a genuine commitment to employee wellbeing.
In practice, employers should ensure clear absence policies, maintain consistent communication, address wellbeing alongside operational needs, utilise occupational health support proactively, consider the benefits of EAP supports, and keep thorough records to demonstrate compliance.
If you require further support or advice relating to HR, please do not hesitate to contact us at hrsolutions@nfpireland.ie / (066)7102887.
For more information visit https://nfpireland.ie
Caroline Reidy, Head of NFP HR Solutions Ireland Limited, HR and Employment Law Specialist