It’s a common situation during the disciplinary process: after a complaint has been filed in the workplace, you present the accused employee with a letter of allegations. The letter informs them what the alleged complaint is about, and invites them to attend a disciplinary hearing where they have the opportunity to answer questions and provide their side of the story. Then, before the disciplinary hearing, the employee takes sick leave, saying they’re stressed or unwell.

As an employer, it can be hard to know what to do next. However, an employee being on sick leave doesn’t necessarily have to affect the disciplinary process. Here are some steps to take if your employee is taking their personal leave entitlements in the form of sick leave before a disciplinary meeting. 

 

1. Request medical evidence to support the sick leave

If not provided already, you can ask the employee to supply evidence to support their sick leave – whether it's paid or unpaid.

Even if you don’t have a policy in place requiring employees to provide a medical certificate for stress or sick leave, as an employer you can request evidence.

If your employee is unable to provide supporting evidence, you can take this further, however any potential disciplinary action would depend on the circumstance.

 

2. Review the medical evidence provided by your employee

In most cases an employee will look into how to get a medical certificate for stress or illness. They will generally provide you with a certificate that simply states they are “unfit for work”. 

While this type of evidence can prevent the employee from physically attending a disciplinary meeting, it doesn’t necessarily prevent them from using an alternative method to respond to the questions that would have been addressed in a face-to-face meeting – such as providing written answers. Employers can request the employee to respond this way, as long as providing the answers doesn’t involve “work” for the employee.

 

3. Consider a written response as an alternative

If you’re satisfied with the medical evidence your employee has provided and believe they cannot personally attend the scheduled disciplinary hearing, you can write to them and:

  • provide them with all the relevant details of the points they would have been required to respond to during the disciplinary meeting

  • invite them to provide a written response by a cut-off date.

In this scenario, an employer should provide the employee with a reasonable period to respond. The letter should clearly state that any response the employee provides up until the cut-off date will be considered before making a final decision around the matters outlined in the letter. It's also important to state, should the employee fail to provide any response, a decision will be made without their input.

By including a cut-off date, it can help employers avoid an instance where the disciplinary process is delayed by an employee’s ongoing medical absences – particularly as in some scenarios, an employee may simply try to use up their leave before a potential termination. 

 

4. Consider all information before deciding the next steps

Once the cut-off date has passed, you can make a decision on the next steps for the disciplinary process, taking into account any responses provided by the employee by the cut-off date.

If your employee claims their medical absence has prevented them from providing a written response, you should also take this into consideration before taking any further actions. Ultimately, as an employer, you can consider whether the medical evidence provided reasonably supports this claim and if an extension of time to respond should be granted.

 

Bottom Line

An employee taking sick leave before a disciplinary meeting does not automatically halt a disciplinary process. Employers can continue the process carefully and fairly, provided they:

  • respect the employee’s entitlement to personal leave;

  • act consistently with medical evidence;

  • offer reasonable alternative ways to respond; and

  • avoid rushing to a decision without giving the employee a genuine opportunity to be heard.

Handled correctly, this approach helps balance the employee’s health needs with the employer’s obligation to address workplace issues appropriately.