GP practices usually have standard processes to follow when an employee phones in sick. However, in my HR experience, managers can be a bit less certain about managing absence when it’s caused by childcare or other family emergencies. Such uncertainty is reasonable, as these are tricky absences to handle if they become prolonged or regular. Today’s blog will discuss employee rights on this topic, consider things from a workplace wellbeing perspective, and give practical tips for managers along the way.

Firstly, I want to define the types of absence I’m talking about. It’s not employee illness or injury. It’s not bereavement or stress. It’s situations where an otherwise fit and healthy individual tells you that they can’t come into work due to unplanned circumstances beyond their control. Usually, these fall into the following categories:

1. Unexpected short-term childcare problems, or the needs of another dependant such as an elderly parent
2. A different type of short-term emergency such as a flood in the kitchen, being snowed in, or a car that’s suddenly broken down (and no other transport is available)
3. Longer-term family responsibilities which conflict with working hours – such as a child with an illness that will last weeks, months or years

Dealing with number 3 is often complex and sensitive. It deserves its own separate blog at some point, so I won’t discuss it here. Instead, I’m focussing on numbers 1 and 2. These are short-term, unplanned absences for reasons unconnected with an employee’s physical or mental fitness for work.

What legal rights do employees have in these situations?

Employees have a statutory right to time off work to deal with an unforeseen emergency that involves a dependant. It’s designed to provide employees with the opportunity to make alternative arrangements for the care of dependants. A dependant is defined as being a spouse, partner, child, grandchild, parent, or anyone else who reasonably depends on the employee for assistance or is living as part of the employee’s immediate family unit at the same address (excluding tenants or boarders). Unless the employee’s contract says otherwise, there is no legal right to pay for this time off. The time off should be short-term in nature, usually lasting no more than one or two days at most.

For other types of short-term emergency, as defined in number 2 above, there’s no legal right to time off (unless it’s in the contract). But if someone can’t physically make it into the workplace that day, they’re obviously not coming in!

How do employers usually manage this?

Most employers will have a specific policy that covers emergency time off for dependants, and it may cover other types of short-term absence as well. See the Practice Index template here for PLUS subscribers.

Under these policies, employees usually are required to notify their absence using the same process and timescales as they would if they were off sick (e.g., phone your manager before 9:00am). These absences are recorded separately to regular sickness (Holiday Manager can do this for you!) and are reviewed by managers when needed. The employee may be given the following options:

• Work at home for the day – if appropriate
• Ask for the day to be taken from their holiday entitlement – if their manager agrees
• Arrange to work the day back on another occasion
• Take the day as unpaid leave

Supporting workplace wellbeing

GP practices are increasingly thinking about employee wellbeing at work and how to best support it. Being flexible when it comes to life emergencies is one such way to help staff relax and know that they’re appreciated. PLUS subscribers can make use of this Carers Policy template, if they wish.

Some practices even offer paid carers leave as a workplace benefit. This isn’t a legal requirement, but it’s great for promoting employee engagement and loyalty. Make sure that the paid leave entitlement is clearly set out in contracts/policies, and have clear guidelines for how and when it can be used.

If requests for time off are more than just occasional

All of us have life emergencies sometimes, so an occasional absence or two isn’t much of a problem. However, if an employee is taking time off for emergencies on a regular basis, then it’s reasonable for a manager to discuss this with them. The content of that discussion will depend on the exact reasons for absence. Remember, emergency time off for dependants is a legal right, but other kinds of emergency absence aren’t.

If the reasons for repeated/regular time off work aren’t related to a dependant’s needs, you can usually be quite strict about how much non-sickness emergency absence you’re willing to tolerate and what the consequences of further absence will be. Potentially it will be a disciplinary matter or probation failure for not fulfilling their contracted hours. Be clear and reasonable in your communications, investigate fully, and warn people of consequences in advance rather than springing sanctions on them unexpectedly.

If the reason for persistent emergency absence is related to childcare or other dependant needs, you must tread more carefully, but you still have the right to encourage good attendance at work. A manager should let the employee know that their attendance is a concern and gently probe the underlying factors that are influencing it. Where possible, make suggestions about what the practice or employee could do. For example, would a flexible work request from the employee to adjust their hours make sense in the circumstances? Should the employee be encouraging another family member/partner to share more of the burden when childcare falls through? (I still occasionally see situations where Dads go to work as usual when a child is sick, whilst Mum takes the day off to stay at home every single time!). If you’ve extensively tried to support the employee yet problems continue, it may be appropriate to take firmer management action, including warnings or even – in extreme cases – dismissal. Take good HR and/or legal advice in such individual situations before proceeding, because there are various legal risks, including that of indirect sex discrimination.

General tips

1. Don’t, don’t, DON’T class emergency time off for dependants as sickness absence, or include it within your sickness absence management processes. If you do this, it could lead to unfair and unlawful situations cropping up.
2. DO be patient and supportive when employees call in absent. They’re likely to be even more stressed about the situation than you are!
3. DO have a standard policy to deal with these situations, and stick to it.
4. DO consider whether paid carers’ leave is a benefit you can and want to offer at your practice.

So, there we have it – a quick lowdown on emergency short-term absences that aren’t sickness. Has this been helpful? Do you have questions to ask? Are there any further template resources that Practice Index could provide? Let us know below.

Susi O’Brien