Medical exits- How to do it well

This is a free article you might find interesting. It’s also a sample of our knowledge and how we can help you get a bit better at your job, and/or how we can help you fix a problem. If you’re interested in our consultation services, contact us.

This should go without saying but disclaimer: The information provided below is for general informational purposes only and does not constitute legal, financial, medical, or other professional advice. You should consult with a qualified professional for specific advice tailored to your circumstances. 

If you’re interested learning more about this topic, we have courses: managing attendance covers this, or you can find all of our courses here.

So you have an employee with a long-term medical problem. This sucks for them. A bit for you, but definitely for them.  In New Zealand law, there is a point where an employer can ‘fairly cry halt’; when they can reach the position that it’s been going on too long and will continue to go on too long, or the anticipated period of return is untenable. This article is not about being legally compliant (that’s an article for another day), but about the psychology of the situation.  Because what we want is either:

-               They come back to work, keen and ready

-               They accept our decision that they can’t come back to work.

What you need to know (and actively figure out)

How incapacitated?  How much can’t they do of their job?  If it’s all, that’s straightforward.  If it’s part, then that needs discussion.  If you can accommodate limited or light duties, you should.  But you don’t have to.

How long for?  This may be very clear, it may not, or it may appear clear but actually isn’t.  For The incapacity of a loss of license, can be reduced by getting a temporary licence for work, but many managers forget this.

What you want is as clear a picture as possible of- how long it will be that they will not at full duties.

Can we accommodate this?  Most of the time, yes.  But this is not a given, and is conditional on both the extent of the imposition on the business, and the length of time involved.  Most businesses have some flexibility, but small businesses have less, and some roles are critical.

How to do it poorly

Ignore then lose patience.  This happens a lot, (and not just for long term medicals, but is often at its worst here).  The employee is away, the manager puts in a viable medium-term fix (e.g. a temp), and the absence drifts from days, to weeks, to months. 

But suddenly it’s been months and now patience is thin- why aren’t they back?  How much longer?  This is the ‘cold then hot’ cycle we see in managers, to which we are trying to heat up cold, or cool down hot.  We need them to be proactive when the issue is in its early stage, then slow them down when they are pushing too hard for a problem to be fixed ‘immediately’.

Let the employee get too comfortable by accident.  Employee’s getting very used to their new status quo as being off work, which they, and we, can regret in the long-term. This is particularly common when the employee is on some form of compensation (e.g. ACC in NZ).  Why is this a problem? Because there is a risk that:

o   They don’t do their rehab.

o   They are happy to be signed off for long extended periods (more than we can accommodate).

o   They become mentally deconditioned. 

All of these can lead to an employee not being ready at the point the employer is deciding whether to ‘cry halt and not keep the job open, but could have been, had they made different choices. A situation where we lose an employee, and the employee loses a job, that could have been avoided, is a lose-lose situation.

How to do it well

Meet early.  The process is long, and this is both good thing and bad thing, but the more it is mapped out to the employee, and as soon as possible, the better. Most employees think that they might lose their job, so worry that they lose their job at ‘some stage’, but they don’t know when that is. So the sooner you meet them- the longer you give them to understand the situation and that potential outcome, and the greater acceptance you will get from them of the outcome.

Set a future decision point.  Once you know how long it’s going to be, and that you can accommodate, it’s important to map out (if possible) when the likely point (i.e. date or event) is that you will have a full, formal review, and in that review, a decision will be made whether to end employment, or keeping going.

What is that point? This may be obvious. Criminal sentencing for example is clear point, or the outcome of an application for a temporary drivers licence. If it’s unclear, 6 months is a useful rule-of-thumb, but it really does depend on the situation. Setting this point means:

• They don’t have to worry about their job in-between now and then,

• They have a goal to work to, and are likely to be more proactive (e.g. seeing specialists, courses of treatment, applying for temporary licence, applying for a visa),

• They are more likely to be in touch with their manager closer to that time.

But most important- if they aren’t going to be ready by the review date, they will know before you, and will have time to mentally prepare for the potential outcome of loss of job. For example, if the employee is off for knee surgery, with a 6-month review, they will know at month 5 what the situation is; they know if the knee is coming right or not. This means when you meet with them at month 6, and the outcome is medical exit, this will not be a shock to them.

If you have 10 seconds, please complete this survey. It helps us know what people want to know.