Is this ok re back to work after sickness?

[happypotamus]

My work has introduced a new thing this week, and I am wondering if it is actually reasonable or if we have grounds to complain that it is not.

As of today, when someone returns to work after a period of sickness (there does not appear to be any distinction between a day off sick or a long time off) the person in charge of the shift that day has to complete a 'back to work interview' with them. There are 2 forms for that. One that the ill person fills in about what was wrong with them and the dates and whether they saw a dr about it, and one that the person in charge completes about whether they are well enough to be back and whether there were any extenuating circumstances e.g stress at home. I am rarely off sick and I think the second form might be newish so have never done it. Previously this was the manager's job.

My issues with this are:

1. As the person in charge of the shifts sometimes, I haven't had any training in this. Should I have? What do I if someone clearly isn't well enough to be back but insists they are? This happens because some of my colleagues can't afford any more sickness time. DH suggested that if I sign the form to say someone is well enough to return to work when they aren't, then they become more unwell due to being back at work too soon, there could be repurcussions on me. Is that likely to be true, or will they be expected to just take responsibility for their own health? Am I supposed to know what counts as an extenuating circumstance for someone's illness?

2. As someone who potentially will be ill, I might not want my colleagues to know what was wrong with me. Some illnesses are personal and not the sort of thing you want all your colleagues to know about. Some people don't have a good relationship with all their colleagues and wouldn't necessarily trust them to keep the information confidential. It isn't always the case that the person in charge is the most senior/ experienced/ mature person on the shift.

Is this normal procedure? Am I just be ridiculous because I perceive this as the manager offloading more of her work onto us?

We have a return to work policy but it is after 3 absences. It sounds like good practice to me though.

But you should definitely be trained in how to carry out the interview as otherwise you open yourself to all sorts of possible legal problems.

Do you have a HR department who you could ask to run a training course for everyone who will be required to carry out the new procedure? Has it been communicated to all staff?

At my previous employer this was standard practice - one absence would lead to a return to work interview. If a manager was not available then it would be the most senior member of staff that was available - not necessarily the most mature or experienced, but the one with the closest role to a management role.

"What do I if someone clearly isn't well enough to be back but insists they are?"

What would you have done previously? Presumably either sent them home or contacted the appropriate person who was able to make that decision. I'm sure you can see why it's a good idea for managers to be sure someone is fit for work before allowing them back, and if there is reason to believe they are not, it's right that this is flagged up.

In terms of your second concern, again, what would you have done previously?

It's perfectly normal and good practice to have a return to work procedure. If you are not sure what to say to staff or how to complete the form, or have confidentiality concerns, you should absolutely flag these up and ask for advice/training, but there's nothing wrong with the procedure itself.

We have this where I work in the NHS, it can be a manager or the most senior person at the time that we do it with. I think we need to put the general gist of what it was eg virus, d&v, generally unwell, etc. Can you be that vague if you want? It should really only be the Occy Health Dept nurse that knows all the details if you have something you don't want to share.

As for you filling in the form, ours only has one form and we as the employee are responsible for filling it in to say when we are fit to come back. All the manager/person in charge does is sign to say we have discussed it and that they do/don't need to inform others eg Occy Health, various regulatory bodies in case of injury at work etc. They are not signing to say we are fit because they are not a doctor and can't tell if we are medically fit.

I would be very uncomfortable about being asked to sign to say someone is fit - are you sure it is worded like that? Or could it just be that you are signing to say you have discussed it / seen the form? If not then I would definitely want very clear guidance before I signed anything!

We do the form anytime we are off, even for a day. The only exception is if we leave partway through a day when we have worked a certain part of it (can't remember how many hours) when then it doesn't count as sick leave.

Firstly - i have 20 years experience as an HR manager

You should absolutely have training in this - for example how would you be expected to consider the Equality Act etc? This training is an imperative and it is unreasonable to ask you to carry out this duty without it. In addition your company should consider some counselling skills etc training as a duty of care to supervisors - how are you supposed to know how to cope if someone broke down on you? Who/what services are there to help you deal with what can be upsetting and harrowing stories eg I have had an employee open up to me about having been abused as a child - I was trained in dealing with that but it is sadly NOT uncommon.

Equally this type of absence management should be done in a supportive way not from a position of "prove you were really ill". In my experience done well it can help and support employees, flag up and solve issues before they become insurmountable, and even save lives (we requested an employee seek further investigation for a symptom that was causing regular absence - it turned out to be bowel cancer - she was very grateful we had pushed her to go to the GP).

However in a climate/ culture of low trust and of "we don't believe you" it will not have a positive effect on employee absence rates (some research shows it does which is why it's popular - but only if done as above!).

Additionally personally sensitive informAtion is entitled to be kept as such by the employee eg you do not have to tell them your medical issues. However, a company is then entitled to take action only on what they know it is usually better to be cooperative especially if there are any adjustments that might help you at work, your illness is work-related or caused or it would give your manager/supervisor chance to give you additional support. (Which again they should be trained how to give but Ill get off my soap box now!!)

OP is yours the kind of workplace where you get formal training in every aspect of managing staff normally? What kind of training/support with managing people do you usually get?