Approach sick days in feedback meeting

Question

I have a team member who is performing well, but has regular sick days (~1-5 a month). I fully trust him and if he needs those days, there is a valid reason; he follows all the company policies for sick days, so from the HR perspective there is no problem.

Since a few months I am responsible for 1:1 feedback meetings and this is a subject I am quite uncertain about.

Should I approach his sick days in the feedback meeting? If yes, how can I approach such a sensitive subject?

I don't want to give him the feeling that I don't believe him. I am just worried about the health of a good employee and team member. My goal would be to find the steps needed, to make the workers health better.

Note: In my role as scrum master I am not "above" him in the company hierarchy, but I am responsible that the team is doing well.

Answer 1

He follows all the company policies for sick days, so from the HR perspective there is no problem.

Then there's no problem that needs resolving.

Should I approach his sick days in the feedback meeting?

No. If the employee is complying with the company sick leave policy then there isn't anything you need or should do.

While I understand that you may be genuinely concerned about his health, to be perfectly blunt it isn't any of your business. Additionally, prying into his personal health issues may be an issue that opens the company up to some legal jeopardy. If you have a relationship with this person outside of work then you might consider approaching the subject outside of work, but if you don't then it would be inappropriate and likely illegal to approach this matter in a work context.

Answer 2

If yes, how can I approach such a sensible subject?

First, there is no harm in telling him he's doing it right as far as company policies are concerned. He's following protocol and you like that.

Second, make sure the work is done nevertheless, i.e. his work is documented, somebody else can stand in for him and pick up where he left. If that works well, make sure you tell him, if it does not, come up with some actionable items for him to do so his sickness impacts the office less.

And last but no least, just ask him if the company can do anything to accommodate him. Ergonomic chair so he has less back pain? Window shades so his migraine is not that bad? Better ventilation of his offices? Another dietary choice in the office canteen? You'll never know until you ask him, so just do.

The point is, do not focus on the fact he is sick often, focus on what to do to make work better when he is sick.

Answer 3

IMPORTANT: DO NOT ENGAGE

unless you have planned your approach thoroughly with HR and HR has fully reviewed and approved your engagement plan. In writing !

In most countries any type of medical information is considered highly confidential and is extremely well protected. In the US that's governed by HIPAA (the Health Insurance Portability and Accountability Act of 1996)

https://www.hhs.gov/hipaa/index.html

Even talking to an employee about medical issues can be reason for a complaint and can get the company (and by proxy you, as the initiator) in serious legal trouble. HR has been trained to navigate that regulatory minefield, so you need them to bless anything you do and you want a paper trail to prove it.

This being said, it's unclear why you would do this in the first place. Making their health better is a laudable goal, but it's not your job and you don't have anywhere enough information to have an opinion and you are not a medical professional. If they need any type of accommodation (medical leave, special gear, reduced hours), everyone should just follow the stated company policy.

Answer 4

Posting using a throwaway account so I can be a little more candid.

Between my chronic migraines, my sleep disorder, some other fatigue-causing conditions, and a family member's serious medical condition, I tend to max out my sick days. I almost always wake up in pain, some days worse than others, so it can take me a while to get going, but if I take it slowly, my pain is usually minimal by the time I get to work. I come in about a half hour after my peers on good days, and an hour and a half on bad days, but I manage 40-45 hours per week one way or another by staying after everyone else has left. I take 1-2 sick days per month just for chronic conditions, plus when I catch a regular cold or something, it usually takes me a day or two longer than my peers to recover.

All that being said, when I need some sort of accommodation, I ask for it. My scrum master actually is more aware of my needs than my manager, because my scrum master schedules most of the meetings I attend. I ask for fewer early-morning meetings. When my pain is bad at work, I seek less mentally-challenging tasks for a couple hours. I make arrangements for meetings I won't be able to attend. I don't take on assignments that would be problematic for my shifted schedule. I arrange my tasks so I have things I can work independently in the evenings. I sit down for our standup meetings. I ask for breaks or adjournments when meetings get too long or frequent. I also employ a number of personal productivity 'hacks' that make it easier to keep my concentration/motivation when I am in various levels of pain.

My point is, if your colleague is asking for accommodations like that, do your best to achieve them, even if you don't understand the reasons. If he isn't asking for accommodations, most likely he doesn't need them. I share with my colleagues what they need to know, plus some because I spend a lot of time with them and consider them friends. Those who don't need to know, I don't tell, because I don't like the pity. My scrum team could probably guess this was me from what I've written, but other teams I work less closely with probably couldn't.

If he's more the stoic type, you can still help by being more observant. If he looks like he could use a break during a meeting you're running, offer a break to the group. If he's struggling one day to complete something you thought should be faster, offer to pair program or whatever. If some knowledge transfer needs to happen in order to better accommodate unexpected absences, brainstorm some ways to do that in your retrospectives. I consider that sort of thing just normal scrum master duties. You don't have to make it explicitly about health.

Answer 5

Since you are located in Germany, information about US laws is misleading at best.

According to German employee protection laws, you can actually fire an employee for being constantly sick under very strict conditions none of which I see in this case (in short, a negative medical prognosis is vital, i.e. a doctor stating that it's going to get worse, not better).

There is nothing in the law that I recall which outright prohibits speaking about this topic, but you are definitely entering a minefield.

At the same time, there is a small chance that the medical problems might be related to his work, maybe caused by stress or an unhealthy work environment or something you are not even aware of (e.g. mobbing). In such a case not asking could be problematic as well as you have a duty of care for your workers.

The first thing you should do is discuss this question with HR and possibly involve the works council (Betriebsrat) as well, if there is one. IMHO your best approach would be to tell him that you noticed he is sick at times, reassure him that HR has no complaint about it and that you bring the topic up because you are worried if it might be related to the job and if he wants to talk about it so you have a chance to make any changes that might improve the work environment for him. Explicitly offer him that if he doesn't want to talk about it, that is fine as well, but you want him to know that if it is work related in any way, you will be happy to hear about it - now or later - so that you can look into it.

You can also pick up the advice from Chronic Pain Sufferer and tell him that even if he doesn't want to talk about the sick days, if he is suffering from something chronic, you don't need to know any details, but he can tell you whatever accommodations you could do that would make his life easier.

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Essentially, the idea is to approach this as an opportunity to support a person who might be having a difficult time and really doesn't need more trouble - but would be thankful for any support.

Do not under any circumstances approach this topic without the support of HR, and I strongly propose involving the workers council as well.

Answer 6

There are a lot of answers which are supporting you in your desire to communicate your concern to the employee. All of those answers are seriously wrong, at least according to US Labor Law, and so far as I can tell, German (where the OP is located) labor law.

Persons with a supervisory relationship over other co-workers must abide by both the policies of the employer, and the laws where they are located. There are fewer rules for peers, but it is still best that certain matters -- such as illness and leave -- be left to whoever is handling Human Resources.

There are many legal reasons why it is inappropriate to engage a direct report on their health conditions, and there are also some trust and ethics reasons. I've had direct reports lose loved ones (family members, spouses, parents) and that required a very delicate touch. Engaging an employee about their health condition or sick leave usage can be seen by the employee as pressuring them to do something they aren't required to do.

If the employee is already working with HR, HR is already aware of any special accommodations which might be needed. Most developed Western countries have laws which govern "workplace accommodations", such as the Americans With Disabilities Act here in the States.

That said, it is possible that HR may not be fully aware of what sorts of accommodations might be made. At that point, the employee's supervisor may want to approach HR and offer to help the employee. But the supervisor doing the offering needs to be properly versed in how to handle such things, and it doesn't appear that the OP is.

Answer 7

As others have said:

Do not ask them about their sick leave

Since you seem genuinely concerned, I think you can ask them if anything can be done to improve their working environment.

1. More ergonomic chair, desk, monitor, keyboard, mouse, etc.
2. Change of location (nearer to a window or plant, further from the bathroom or kitchen, etc.)
3. Change the cleaning supplies used in the office.
4. Less distractions throughout the day.
5. WFH arrangements, or more flexible working hours.

These things can all potentially improve an employee's physical and mental health. But please note, and this is important, do not imply in any way that you are asking these questions because of their sick leave.

These are questions you could and should ask of all your team members. If this employee says there's no improvement you can make, you'll need to assume that they are happy with their current arrangement and you don't need to take any more action.

Answer 8

It's completely appropriate to ask him about this. 1-5 days is 1 work week so it makes sense that it is mentioned.

I agree with Sourav that this should be mentioned outside the 1:1 - especially if your main concern is the employee's health and you want to approach in a friendly manner.

Answer 9

A discussion with him would be nice, in a neutral place. Remind him that you fully trust him and his work so far has been excellent. Then tell him that you're a bit worried about all of the sick leaves.

I wouldn't ask about the reason behind all of the sick leaves, I'd just tell him that if he needs to talk, you're there for him.

Hopefully, he'll explain why. Otherwise, he'll know he can count on you if needed be.

Answer 10

This may be something to bear in mind. Some HR departments use the Bradford Factor to monitor their employees' use of sick leave. This is B = S x S x D, where in any given period, usually 1 year, D is the total number of days off, and S is the number of 'spells' of absence.

By using this formula, 10 days off counts as 10 points if taken in a single block, and 1000 points if taken as 10 individual days. This is therefore very forgiving of infrequent major incidents, and penalises frequent short absences heavily.

The two problems with the Bradford factor is that it doesn't take account of somebody with a genuine medical need for regular short absences, and some HR departments use it as a very blunt instrument to escalate warnings and other sanctions to employees.

If your colleague has been taking these absences long enough to get a 'high score', and HR haven't come down on him like a ton of bricks, then you can assume they are working with him sympathetically and appropriately.

As scrum master, you do have a need to understand his availability. If his absences have led to deadlines being missed in the past, then it would be appropriate to explore whether these are planned or unplanned, whether they are likely to continue, and whether they can scheduled around or otherwise handled.

Answer 11

You don't need a 1:1 meeting to express concern and offer help (if needed) for someone's medical condition. Don't bring it up in the formal 1:1 meeting.

No need to feel or make the situation awkward, a friendly causal next-to-the-water-cooler chat will do just fine.

As you say:

This employee follows all the company policies for sick days, so from the HR perspective there is no problem.

and

I am just worried about the health of a good employee and team member. My goal would be to find the steps needed, to make the situation better.

Just walk up to them and talk, mention that you noticed the regularity of the leaves and is worried about his health conditions. Also mention you are willing to offer any help if they need to make the situation better.