How do I convince my boss that I will return to work soon?

Q. I have been unwell, as a result, I have missed work a number of times. While this is not my fault, I am afraid my employer could terminate my contract. What is the best way to approach him and reassure him that I will take full charge of my duties as soon as I can?

Since no one chooses to be sick, employers are expected to be compassionate when dealing with employees’ prolonged absence from work due to illness. Sick leave policies vary from one employer to another, but all are derived from Sections 30 and 34 of the Employment Act 2007. The law is clear on the process to follow in situations where an employee is too sick to carry on with their duties, from placement on full, half or no salary, to retirement on medical grounds. Employers are expected to provide policies that safeguard the well-being of their employees in the best way possible.

Most sick leave policies provide for a maximum period an employee may be out on sick leave while receiving full salary and benefits. Caring employers tend to provide between three to six months of paid salary. Depending on the nature of illness, some employers allow employees to return on a light duty schedule, which may include half a day’s work on full salary for a fixed period of time, or allowing a recovering employee to work from home as they recuperate. In situations where the sick employee exceeds allowable time on full salary, some employers either extend the period for a while, or place the employee on a half salary for a fixed period. Others may consider issuing unpaid leave while maintaining medical insurance to guarantee quality medical care.

First, you need to establish your employer’s policy on prolonged sickness. If you do not find this clearly stated in any written policy, make some enquiries at your HR office, or from your line manager. Also, try and find out how other employees in similar situations were treated, as such may be applied as precedence. If there is any violation of the Employment Act, you should point this out to ensure you are treated fairly. You may also present your doctor’s report, which should indicate when you would be available to resume work. Your doctor may as well recommend that you are placed on light duties for a period of time to support your healing process. All in all, employers should be there for their employees in good and bad times. Every situation where care is not exercised as expected affects not just the sick employee, but their colleagues as well. ​

Mwikali Muthiani – Managing Partner, MillennialHR