Legal Notice 432 of 2007 states that an employee is entitled to two working weeks sick leave in every calendar year without loss of wages. The Malta Employers Association has recently proposed changes to this legislation whereby absenteeism from work due to self-inflicted injuries, including but not limited to drunkenness, hangover, sunburn, sunstrokes and sports injuries, will not render the employee entitled to sick leave even if certified by one’s doctor as unfit for work.

The MEA is also proposing that employers should not pay for sick leave resulting from purely cosmetic surgery.

In the United Kingdom, as in Malta, people are increasingly choosing to have lifestyle surgery, which is subject to choice (elective) as opposed to urgent or emergency treatment. Examples of lifestyle surgery include laser eye interventions, dental implants, surgical contraception and a variety of cosmetic procedures.

Absence from work to undergo lifestyle surgery in the UK is considered to be annual or unpaid leave unless, tha evidence is provided by the employee’s general practitioner, or specialist, stating that the surgery is necessary on medical grounds.

Where surgery, not necessary on medical grounds, results in a further absence due to complications, say, an infection, that period should normally be regarded as sickness absence.

Legislation on sports injuries, on the other hand, is not as clear.

In 2010, in the case of Aber Roof Truss vs Revenue & Customs, it was decided that an employee with a long history of absences caused by football injuries is nevertheless entitled to sick pay.

Deal with absence when it occurs by speaking to staff calling in sick

One can argue that sunburns and hangovers are definitely self-inflicted and, by discouraging them, we are discouraging unhealthy behaviour. However, by deciding not to certify sports injuries we would not be encouraging sports and statistics show that an employee who is into sports will suffer less common colds and backaches.

When calculating the cost of sickness absence, many companies only take into account sick pay. They do not include the cost of replacement labour, overtime or reduced performance.

This suggests that in those cases where the cost of absence management is calculated, it is likely to be underestimated.

Many employees have, at some point or other, had a hangover, called in sick and realised they can get away with it. When discussing with employees what would make them change their attitude, their reply is very enlightening: “The job is dull, it is tedious, we are a big group and nobody will notice my absence. My manager doesn’t talk to me often, let alone about my sick leave…. If the job was more interesting and my manager showed more of an interest, the abuse would probably decrease.”

What prevention tactics can we use at the place of work?

Managers can personally greet each member of staff as they start their shift, review performance with each individual employee at the end of the day and agree a plan for the following day.

They can acknowledge and reward correct behaviour publicly. Workers want their employer’s attention. So give your attention to the people who are doing things right, not those doing things wrong.

Create a vision for and understanding of each staff member’s role and appreciate the value of their contribution.

Develop a reputation as a manager who deals swiftly and fairly with underperformance.

Be creative; develop a high-energy environment where regular new beginnings and surprises are a reason for staff to make them come to work.

Deal with absence when it occurs by speaking to staff calling in sick. Let them know their contribution will be missed. Ask them about their workload and if there is anything they feel needs looking into. If people reporting to be unwell say they have only a minor bout of illness, ask whether they will be in later.

If they have any self-inflicted illness, say, a hangover, ask them how and when will they make up the time they will stay away from the workplace.

Remain caring, professional and objective.

When dealing with persistent offenders be open, honest and direct; have an ‘essential communication’ and be impartial. Get HR advice early on; invoke HR procedures if appropriate.

Also, familiarise yourself with company and individual legal rights. Be sure to inform company doctors that self-inflicted illness and cosmetic surgery cannot be certified.

gretaapap@medicareservices.com.mt

Greta Apap is an occupational medical doctor.