No. With effect from 6th April 2003, male employees have the right to two weeks paid paternity leave. Pay is made at the rate of 90% of the average weekly earnings or £100 per week, whichever is the lowest amount. You can ultimately dismiss but only by following the capability procedure and by ensuring that medical opinion is obtained at every stage. No. The employees consent must be obtained in writing prior to the letter being sent to the doctor and the employee given the opportunity of seeing the report before it is sent to the company. Managing long-term sickness absence is a difficult process and has the potential to result in claims for unfair dismissal, disability discrimination, breach of contract or a payment to settle such claims. Long-term absence is nearly always the result of physical or mental ill health. High absenteeism or large staff turnover, frequent interpersonal conflicts or complaints by workers are signs that may also indicate a problem of work-related stress. Large organisations may be able to address these problems through more flexible working policies. In smaller organisations there may be a real need to replace the employee which must be handled cautiously and by following both the statutory and the company’s own capability, disciplinary and dismissal procedures. The issues to be considered during the process and in meetings with the employee include: In order to manage sickness absences issues it is important to fully understand the extent of the problem. Employers need to distinguish between lateness, short-term absences and long-term absences. Where the absence consists of lateness or short but persistent and apparently unconnected absences then, after suitable investigation, disciplinary action may be appropriate. The key steps in proactively managing short-term absence are: Please note that while every care has been taken in compiling these notes, the notes are not intended to be a substitute for specific legal advice on the merits of individual cases.
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FAQ: Absence
Can I insist that my male employees take annual leave instead of paternity leave?
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