Wednesday, February 15, 2006

"Sick" employees

Did you know that you as a business owner are responsible to look after your employee's health. Not just Health & Safety, but if they walk out on you and they have a "disease" you can't sack them. You must help them recover and keep their job open.

To try and remove them from your employment you must write letters asking them what's happening, even if they never told you they were leaving e.g. they walked out of the building and vanished.

Someone who is affected by alcoholism is deemed to have a "disease". So what do you do if they cannot operate machinery or may place other employees in danger and more importantly affect the work they do and the service to your customers.

Well currently you can do very little. You must go through a procedure where you can show that you did all you could to help them and this may take months. Then you may be able to dismiss them.

During their absenteeism time you are a person down and in a small business with 3 people this is a 33% reduction in available people resources. Do you employ a temp or recruit a new person? How do you decide? Your employee with a "disease" still has a job with you.

There is no simple solution to this conundrum, but definitely do not act hastily. If you are not already a member of the SFA (Small Firms Association) or ISME (Irish Small and Medium Enterprises or a similar organisation, join now and get them to help you out with good advice. Otherwise you may find yourself in court at the wrong end of a decision that to you is illogical as your employee brought the "disease" on themselves and you were just trying to run a company.

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