Managing sickness absence requires a careful balance between supporting an employee, protecting workplace wellbeing and keeping the organisation functioning effectively. A consistent, fair and well-documented approach can help employers address absence concerns before they become more difficult to manage.

 

1. Start with a clear absence process

Employees should understand how and when to report an absence, what information they are expected to provide and when medical certification may be required. Managers should apply the organisation’s sickness absence procedure consistently and keep an accurate record of relevant dates, communications and documents.

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2. Assess each case on its own facts

The length, frequency and pattern of absence may all be relevant, but figures alone rarely tell the whole story. Employers should consider the employee’s explanation, the nature of the role, the operational impact and any previous steps taken before deciding how to respond.

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3. Consider both physical and mental health

An employee’s incapacity may arise from a physical condition, a mental health condition or a combination of factors. Employers should avoid assumptions and give the employee a reasonable opportunity to explain the circumstances and identify any support that may assist.

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4. Handle medical information carefully

Medical information should be requested only where it is relevant and proportionate to the employment issue being considered. Access should be limited to those who need the information, and records should be handled in accordance with applicable confidentiality and data-protection requirements.

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5. Keep communication open

Reasonable contact during an absence can help the employer understand the likely duration, identify immediate workplace issues and plan appropriate support. The frequency and manner of contact should reflect the circumstances and should not place unnecessary pressure on an employee who is unwell.

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6. Plan a supported return to work

A return-to-work discussion can clarify whether the employee is fit to resume normal duties, whether temporary support may be appropriate and whether further review is needed. Any agreed steps should be clear, practical and recorded.

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7. Manage recurring or long-term absence consistently

Recurring short absences and long-term incapacity may require different approaches. Employers should review the available evidence, meet with the employee where appropriate and consider whether further medical input, workplace adjustments or a structured review process may be needed.

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8. Take care before formal action

Sickness absence can overlap with disability, discrimination, workplace injury, pregnancy, mental health and other legally protected matters. Before considering disciplinary action or termination, employers should confirm that the correct procedure has been followed, that the relevant facts have been gathered and that the proposed response is proportionate.

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When to obtain employment-law advice

Advice should be considered where absence is prolonged or disputed, medical evidence is unclear, workplace adjustments may be required, the employee raises a grievance or discrimination concern, or formal action or dismissal is being contemplated.

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About this resource

This topic was originally presented as a Ten Yards Legal webinar on 19 May 2022. The page has since been updated as a practical resource for employers in Malta.

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Need advice about sickness absence?

Ten Yards Legal advises Malta employers on sickness absence, employee wellbeing, workplace procedures and related disputes. Contact our employment-law team before taking formal action.