Off sick but suspect employee gone on holiday

[fedupandtired]

Employee requested some annual leave but it wasn't authorised due to too many other people already off. Employee then phones in sick, says she's got a doctors note but a weeks passed and we've yet to receive it. On phoning employee her phone goes straight to voicemail each time.

This particular employee has been disciplined several times in the past over her sick record and since December not a month has gone by without her having some time off sick.

I strongly suspect she's gone ahead and gone on holiday but is there anything we can do? The type of work means that others have to cover and if they can't we have to get in agency which of course costs a fortune.

[CoolaSchmoola]

TSC - what your boss did was illegal and constituted harassment. Because you were pregnant it would have potentially have be deemed as harassment based on gender (solely because men can't be off sick whilst pregnant) on top of the protection the law offers pregnant women.

[Snowgirl1]

If your employee can't provide a medical certificate when she returns, then you should organise a disciplinary meeting. You should advise her that the meeting is being called because she requested holiday and then was off sick for the same dates requested and she can't provide a medical certificate and you therefore believe she was not actually sick but on holiday. Give her the chance to put her side of things (i.e. provide the medical certificate). Assuming she can't provide a medical certificate, you can discipline her/dismiss her. You don't have to prove she was on holiday, you just have to act reasonably. I think a reasonable employer would reach the same conclusion as you if she can't provide a medical certificate.

[Snowgirl1]

Oops, sorry posted before I realised that there were four pages of responses and things had moved on,

[fedupandtired]

Wow! Some people are getting a bit het up about some perceived harrassment.

FWIW - I actually don't think it's harrassment to phone someone asking for their sick note after they promised to drop it off but failed to. Until we had the sick note her absence was considered unauthorised. As I've already said we now have the sick note so this is no longer an issue.

Just to reiterate though - this particular employees sick record is appalling (and will be addressed). If it hadn't been I doubt anyone would have batted an eyelid.

[renaldo]

the nhs sicness policy where i work requires me to phone the people i manage when they are sick to see how they are. triggers for absence managemnt policy are requesting leave then phoning in sick, not being available by phone or returning messages when sick, and 4 episodes og sick leave in 12 minths leads to formal monitoring and capability hearings and ultimately dismissal if no improvement.

[flowery]

OP I don't think anyone has perceived anything you've done as harassment have they?

Some of the advice on this thread would have laid you open to claims of harassment had you followed it, but you haven't.

[thistlelicker]

It's a shame people can't be off sick without people doubting !!! Too many busybodies!!!!