Round #912

An employee has been absent for 7 months with depression. We have referred them to occupational health twice. At what point can we consider dismissal and what process must we follow?

When an employee is absent due to a mental health condition like depression, it's important to handle the situation carefully while following company policies and legal requirements. Here’s a step-by-step guide on how to approach this situation: ### 1. **Review Company Policy** - Check your company’s Employee Handbook or HR Policies regarding absenteeism, disability leave, and return-to-work procedures. - Ensure you understand any specific guidelines related to mental health conditions. ### 2. **Document the Absence** - Keep a detailed record of all absences, including dates, reasons, and any communication with the employee. - Document any attempts to contact the employee during their absence. ### 3. **Follow Up with Occupational Health** - Ensure that you have followed up with occupational health twice as per your company’s policy. - Verify if there are any reports or assessments from the occupational health team regarding the employee's condition and return-to-work plan. ### 4. **Consider Return to Work** - If the employee has not returned after two follow-ups, consider offering a formal return-to-work plan. - This should include: - A clear timeline for when they are expected back - Accommodations or modifications needed (e.g., flexible work hours, remote work) - Regular check-ins to monitor progress ### 5. **Evaluate the Employee’s Readiness** - Assess whether the employee is ready to return to work based on their mental health status and any recommendations from occupational health. - If they are not ready, continue with the return-to-work plan and provide ongoing support. ### 6. **Consider Dismissal if Appropriate** - If after reasonable efforts (e.g., multiple follow-ups, a formal return-to-work plan) the employee is still absent without returning to work or showing signs of improvement, you may need to consider dismissal. - Ensure that any decision to dismiss is based on documented evidence and adherence to company policies. ### 7. **Follow HR Guidelines for Dismissal** - Follow your company’s formal process for dismissing an employee, which typically includes: - Providing a written notice of termination - Explaining the reasons for dismissal (e.g., failure to return to work despite reasonable accommodations) - Offering any available severance benefits or unemployment assistance ### 8. **Consult Legal Advice** - If you are unsure about the legality of dismissing an employee due to mental health issues, consult with legal counsel. - Ensure that your actions comply with anti-discrimination laws and regulations. ### 9. **Provide Support During the Process** - Continue to offer support to the employee during this process, including counseling or other resources they may need. - Be transparent about the reasons for dismissal and provide a clear explanation of what happened. ### 10. **Review and Adjust Policies** - After the incident, review your company’s policies regarding mental health and absenteeism. - Consider implementing additional support measures to prevent future absences due to mental health issues. By following these steps, you can handle the situation responsibly while ensuring compliance with company policies and legal requirements.

We cannot dismiss an employee based on their absence due to a medical condition without following the appropriate HR procedures, including consulting with occupational health and possibly seeking advice from a lawyer. The effective date of termination should be determined after these steps are completed.