Dealing with staff absences

As we head into one of the busiest times of the year, do you know how to deal with staff absences? Tina Beaumont-Goddard, National Hair & Beauty Federation‘s director, serves up some advice…

Your employees may be off work for a wide range of reasons, and you’ll need to understand what the law says about their rights and responsibilities.

Annual leave

An employee’s annual leave will start to build up from their first day of employment. You cannot withhold annual leave while they are on probation.

Your employees will be entitled to a minimum of 5.6 weeks paid annual leave. So, someone who works five days a week should get at least 28 days’ paid holiday, with entitlement for part-time staff being worked out pro rata.

Working out annual leave entitlement for employees who work different hours on different days can be a bit trickier. NBF Members can call our membership team who are happy to work out your employee’s annual leave for you.

Sick leave

If your employee takes time off sick they can ‘self-certify’ for up to seven calendar days, but they must give you a sick note – now called a ‘fit note’ – if they are off for longer than this.

Your employee’s annual leave will continue to build up as if they were at work. If they are sick during a planned period of annual leave, you should process any sick pay they are entitled to and put their annual leave back into their pot.

If an employee takes time off work without authorisation, always take legal advice before taking any formal or disciplinary action.

Emergency leave & compassionate leave

If your employee needs to deal with an emergency relating to a dependant such as a child, partner or anyone who depends on them for care, they are entitled to take a reasonable amount of time off to deal with the situation.

Compassionate or bereavement leave is a little different as there is no legal right to it. However, it’s good practice to specify in your employment contracts that staff are allowed time off to deal with difficult situations, for example, to look after someone who is ill or when a relative or friend dies.

You do not have to pay employees for emergency leave or compassionate leave unless you have an employee policy that says you will.

Maternity rights

A pregnant employee has the right to take ‘reasonable’ paid time off for antenatal appointments. You cannot make her have these appointments in her own time.

You must pay her the normal rate of pay during the appointment, including the time it takes to travel there and back and any waiting time.

Your employee will also be entitled to up to 52 weeks’ maternity leave and must take a minimum of two weeks off after the baby is born. The earliest that maternity leave can start is usually 11 weeks before the week in which the baby is due. Although your employee can work up to the birth if she wants to.

NBF Members have access to a free 24/7 legal helpline for advice on HR issues including various types of absence.

A comprehensive guide to absence management can be downloaded at: www.nhf.info/absence-management-guide