Certis sick leave policy raises tough questions on employer-employee trust | Deep Dive podcast

Key Concepts

Malingering, medical certificate (MC), paid sick leave, company culture, trust, welfare call, open communication, verification, abuse of system, code of conduct, reliability, backup plan, technology implementation, manpower-intensive industries, team effort, policy communication, one-to-one conversations, performance conversations.

Certis' Medical Leave Policy and Backlash

Certis, a security firm, faced backlash after announcing it would consider disciplinary action against frontline officers found not at home during medical leave without a valid reason. The policy involved unannounced visits, live location sharing requests, or video calls. Certis later retracted the location tracking aspect. The discussion revolves around the justification for such measures and the broader issue of employees misusing medical certificates (MCs).

Malingering: Definition and Impact

Malingering is defined as taking extra days off despite not being sick or displaying a poor attitude towards work responsibilities. It creates a negative work environment where others feel entitled to similar behavior, impacting company productivity and culture. Two Certis officers were dismissed for being overseas while on medical leave, highlighting a severe case of malingering.

Legal Rights vs. Employer Verification

Employees in Singapore have a statutory right to paid sick leave when certified unfit for work by a doctor. Employers must grant this leave. However, the issue arises when there are indications of abuse. Employers have a right to investigate allegations of malingering based on circumstantial evidence. Whether a company-wide policy is necessary depends on the industry and specific company situation, but communication with employees is crucial.

Welfare Calls vs. Suspicion

HR departments may call employees on medical leave for genuine concern (welfare call) or to check for potential misuse. A welfare call is acceptable, but suspicion arises when there's a pattern of high MC rates within a specific group. Business leaders should approach the situation from a welfare perspective first, then investigate further if evidence suggests otherwise. Constant absenteeism places a burden on other employees.

Benefit of the Doubt and Open Communication

Employers should generally give employees the benefit of the doubt. Open communication between employers and employees is vital. HR should show concern through calls or visits, fostering a positive workplace culture. If malingering is suspected, employers have the right to verify, allowing genuinely sick employees to clear their names and prevent distrust within the organization.

Addressing Abuse of the System

While some abuse of the system is inevitable, penalizing everyone is not the solution. Instead, focus on identifying and addressing the specific group of abusers through counseling or, as a last resort, termination. Certis' policy was intended for a small group suspected of malingering, not the entire workforce.

Examples of Abuse and the "9-to-5" Dilemma

An example of abuse involves an employee posting social media pictures at a social event while supposedly on sick leave. The discussion raises the question of whether an MC only covers office hours (9-to-5). The key is whether the employee is genuinely unfit for work. Submitting an MC implies unfitness, so engaging in activities suggesting otherwise raises suspicion.

Trust, Reliability, and Backup Plans

Trust between employers and employees is crucial, built on intention, competence, and reliability. Misusing MCs erodes reliability and trust. Companies should have backup plans to cover absences, potentially through technology implementation (e.g., security robots) to supplement manpower.

Challenges and Alternatives

Companies face the challenge of addressing malingering without demoralizing staff. Alternatives include building a culture of inter-reliability and teamwork, where employees support each other. Clear policy communication and seeking employee understanding are essential.

Advice for Employers

Employers should clearly define company values and work ethics. They should communicate that verification checks don't necessarily imply distrust. One-to-one conversations with suspected individuals are crucial, and line managers should be trained to handle these conversations effectively. Performance conversations should be ongoing, not just during formal reviews.

Conclusion

The discussion emphasizes the need for a balanced approach to managing medical leave, combining employee rights with employer responsibilities. Open communication, trust-building, and targeted interventions are key to addressing malingering without creating a culture of distrust and demoralization.