If an employee reports sick, it is a significant challenge for the employer to ensure that the sick leave process runs smoothly. In addition, sick leave, especially long-term leave, costs a lot of money, and colleagues often have to absorb extra workload. This can leave the employer feeling overwhelmed when an employee calls in sick, let alone when a labor dispute is also involved.
Marcel
It is Friday evening and the restaurant where Marcel has worked for years as head waiter is at its peak. Unfortunately, not all the tables are ready in time for the guests, because once again Marcel finds himself with inexperienced and insufficient staff on the work floor. Moreover, the kitchen is understaffed; it is impossible to find a new chef. Therefore, for the umpteenth evening, owner Annelies is in the kitchen herself.
Marcel has been sleeping poorly for some time because of the stress he gets from the problems at work. In recent weeks, he also fails to recharge in his sparse free time. He feels dejected, constantly tense and has a short fuse. He has tried to share his concerns and possible solutions to the tightness with Annelies. However, she says she has no time to talk to Marcel and that things will work themselves out if everyone pulls their weight.
This Friday night, Marcel can only be friendly to the guests with difficulty. His colleagues in the kitchen take the brunt of it when orders take too long. And after his shift he is exhausted, but again he cannot sleep that night.
On Saturday morning, Annelies receives an angry phone call from Marcel. He yells at her that he has said so many times that it cannot go on like this. And that he is completely worn out. He has given everything for the restaurant and what does Annelies do? She puts him on the floor with a few greens and stands by herself all evening fiddling in the kitchen. He is done with it and calls in sick immediately. And Annelies doesn't have to call him for the time being, because he doesn't want to talk to her anymore.
Annelies
Annelies is indignant! Does Marcel sometimes think she can do magic? There is a staff shortage in the hospitality industry and margins are low, so investing in additional staff is simply impossible now. Everyone just needs to run a little harder; she does that herself, doesn't she? From Marcel, one of her most trusted employees, she expected more than an unreasonable phone call full of accusations and a sick call.
Annelies' biggest concern is staffing for this weekend. With Marcel, much knowledge and experience falls away. All Saturday she is busy getting the roster in order for the next few days. Only during the following week does she think about reporting sick to the Occupational Health and Safety Service. She immediately gives the case manager her strong opinion: Marcel is acting out and as an employer she does not deserve this treatment!
The company doctor
The case manager of the occupational health and safety service immediately sees the urgency of the situation. She acts according to the guidelines drawn up by the Stichting Expertisecentrum Participatie (STECR): the STECR Werkwijzer Arbeidsconflict (SWA). The SWA is used by the Nederlandse Vereniging voor Arbeids- en Bedrijfsgeneeskunde in case of a sick report combined with a (suspected) labor conflict.
The first step is to have an assessment by the company doctor as soon as possible. The case manager arranges for Marcel to see the company doctor the very next afternoon to tell his story in person . In the meantime Marcel has also visited the family doctor, where he received medication to help him sleep better, and soon he will have a first appointment with a psychologist.
During the consultation with Marcel, the company doctor identifies medically-objectifiable complaints as a result of persistent tension and poor sleep. This means that there is a medical basis for incapacity for work and that Marcel is therefore (partly) unable to work due to illness. In addition, the company doctor judges that Marcel is working adequately on his recovery through the treatment he has started. All in all, the company doctor sees no medical impediment to a start in work, but without deadlines and without intensive customer contact. Marcel could process reservations in a table setting and receive guests at the restaurant entrance on quiet weekdays.
In addition to calling in sick, Marcel has also yelled at Annelies that he does not want to talk to her. This clearly gets in the way of reintegration. Therefore, the company doctor calls Annelies as part of the adversarial process. After this conversation, the company doctor determines that in addition to being unfit for work, there is also a labor conflict. Marcel and Annelies have to start talking to each other in order to solve the work-related bottlenecks. The company doctor sets a so-called intervention period of up to 5 days during which the reintegration is suspended and this conversation can take place. During this period, work is not actually started yet. The intervention period may not run out in order not to further hinder the reintegration.
Mediation
The same week Marcel and Annelies sit down to talk, but unfortunately without success. Both parties spoke with raised voices, neither one let the other finish and the conversation ended prematurely. A second meeting led by an expert from the Occupational Health and Safety Service also did not lead to a solution. Marcel feels he is not taken seriously and Annelies feels that Marcel is asking the impossible of her. Therefore, after the intervention period, Marcel goes for a second consultation with the company doctor. He judges that Marcel is still medically objectively unfit for work and that the ongoing conflict is hindering his reintegration. In accordance with the SWA, the company doctor now recommends using labor mediation to resolve the labor conflict. To this end, the intervention period is extended for up to another week.
Annelies has to pay for the mediation but finds her sick leave insurance company willing to reimburse part of the costs. The mediator first speaks to both parties separately and then together. During the three-way discussion, emotions run high at times, but there is also still a lot of commitment to each other.
Marcel states that he tried to share his concerns about the workload and possible solutions with Annelies, but that she would not listen. This hurt him. Annelies is in the awkward position of having to keep a business running with chronic understaffing. She overflowed and had too little ear for Marcel. Unfortunately, this helped cause the sick call and conflict. Marcel realizes after the intake with the psychologist that the way he handles stress does need to change. This is beyond his employer and he is happy that he can now work on this. The outcome of the mediation is that reintegration can start - a great result!
Prevention is better than cure
Marcel's case study is unfortunately not unique. What went wrong here and could the sick call and conflict have been prevented?
High work pressure in combination with low autonomy, or few possibilities the employee has to regulate work pressure, among other things, can in the long term lead to work-related stress, absenteeism and labor conflict. TNO calculated in the Factsheet week of work stress 20241 that of all employees in the Netherlands:
- 41% experience low autonomy;
- 32% experience high task demands;
- 26% have a conflict at work with colleagues, supervisor or employer.
Even though Annelies could not arrange sufficient staffing, she would have been wise to hear Marcel's concerns and suggestions. That would have increased Marcel's sense of autonomy, for perhaps his suggestions for improvement could have had real effect. Annelies now missed that opportunity. She also failed to notice or act on the signals of an impending breakdown and a latent conflict. Out of good employment practices, she could have engaged Marcel in an interesting conversation and offered him a preventive consultation with the company doctor. It is possible that Marcel could then have started treatment earlier and had better coping for the high workload.
So are absenteeism due to illness and a labor conflict always the employer's fault or preventable? Certainly not. After all, even in Marcel's case, there is an underlying medical cause that may have been a trigger for the dropout and complicated the conflict.
From this story and many similar ones, two important lessons can be drawn for employers. First, always stay in touch with your employees. Even when things are very busy and even when you can no longer air or see each other for a while. Because only then will you pick up signals of possible failure or a possible conflict early. In addition, and just as important: deploy the right expertise in time. In Marcel's case, a sharp case manager was crucial to guiding the process. With a company doctor who properly handled the SWA, an unnecessarily long intervention period was avoided. Finally, the mediator helped pave the way for a successful reintegration.
By Marleen Souverein, Consultant Absenteeism Prevention at Schouten Zekerheid. Marleen helps employers with reintegration processes and sick leave prevention. She does this with advice, training and secondment.
