Download The employee who refuses to take sick leave

The employee who refuses to take sick leave
The PEACe helpline receives many calls about sickness absence, frequently
seeking advice on how to manage sickness absence. Less common but,
nevertheless regular, are queries about employees who are obviously sick or
suffering from a medical condition who refuse to either acknowledge their
condition or take sick leave.
The first action to take is to speak with the employee and attempt to obtain
their consent to a medical report. Unfortunately, in these cases such
employees are frequently reluctant to give their consent.
If the organisation feels that the employee is either a danger to themselves,
other staff or clients and users, employers should undertake a risk
assessment which looks at the different aspects of their role and, based on
observation, assesses the levels of risk and who they relate to. This is a
requirement of the Health and Safety at Work Act. The assessment should be
carried out in collaboration with the employee. If the assessment shows that
the employee is a danger to themselves or others it may be appropriate to
carry out a medical suspension again asking the employee for consent to a
medical report.
The employer needs to communicate to the employee that failure to comply
with this request means that the employer is unable to assist the employee in
the way that might be most appropriate via reasonable adjustments and may
be forced to make a decision about his / her future employment without being
in full possession of the facts.