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Can you direct an employee to take sick leave?

In short… Yes.


We’ve all seen a colleague coughing and sneezing at their desk, looking worse for wear. You might suggest they log off for the day and take some sick leave, but they insist on pushing through, even when their poor health is impacting others. How should you/HR respond?


  • As the first port of call, communicate your concerns with the employee. This might prevent the need for a more directive approach.

  • In this case, you can say, ‘I’m concerned about you and the impact you being sick at work might have on others”.

  • Explain that you promote a healthy workplace and have concerns that they aren’t fit for work today and as a result require them to obtain medical clearance from their GP. This ensures you have covered your obligations to maintain the safety of your workplace, and the safety of that individual employee.

  • As an employer, you have the right to get confirmation that they are fit before they return.


Our suggestion would be to set clear expectations early, by including a fitness for work clause in the employment contract. It could say something along the lines of, ‘If we’re concerned about your fitness for work, then we can direct you to see a doctor and we have the right to view copies of the results from your doctor.’


Build a supportive culture. It might be that your culture rewards people for showing up and getting the job done even when they’re not feeling well, because there’s a perception that you’re showing your true dedication by coming in even when you’re sick.

Change this!


  • Establish a healthy workplace policy

  • Have leaders practice what they preach

  • Manage your team’s workloads

  • Promote a physically and mentally healthy culture work environment

With the cold winter we’re having and the illnesses spreading, you’re going to want to save this for later!


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