SYSTEM NOTICE

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The Ambiguous 'Request for Leave': How Do You Ask the Right Questions?

'I'm not feeling well, so please let me take some time off. I do want to continue working.'

That was the last message from the employee, but no medical certificate or leave request form has arrived.
There is no response to phone calls or emails, and they have not come to work.
A quiet sense of confusion flows through the workplace. 'Is this unauthorized absence?' 'But they did contact us...'

This situation is actually not rare in the workplace.

The policy exists. But the team on the ground cannot act.

According to policy, a medical certificate is required for leave. It is written in the work regulations: 'In the event of absence for more than X days,' or 'If it is difficult to work due to physical or mental health issues,' and so on.

However, what is happening on the ground is a 'reality where we cannot act according to the rules.'

・Documents are not provided
・Cannot get in touch with the individual
・The surrounding staff are hesitant to act due to the 'delicate' atmosphere

Many managers and HR personnel get lost in this 'ambiguity' and become unable to take the next step.

It remains ambiguous, yet you cannot just leave it alone.

Technically, if unauthorized absences continue, disciplinary action is possible. But one naturally hesitates to proceed in such a rigid, rule-bound manner.

'They said at the beginning that they wanted to keep working...'
'If it's a mental health issue, I feel it's wrong to be too forceful.'
'But if we can't reach them, it affects the other employees...'

As a result, before you know it, the entire workplace ends up in a state of 'stagnation.'

What I can do as a Labor and Social Security Attorney = Standing between the system and the person

I believe that in such ambiguous situations, the role of a Labor and Social Security Attorney is to 'bridge the gap between the system and the person.'

For example, support like this:

  • Providing the company with guidelines on 'how far they can go in reaching out'

  • Preparing 'gentle-toned email templates' for the individual

  • Suggesting the use of external industrial physicians or counselors as needed

These may seem like modest responses at first glance. However, with just these 'small considerations,' the workplace becomes much easier to navigate.

A space of security created by 'questions'

What is important here is the power of the 'question'.

For example, you can pose this question to the company:

“If we leave this as it is, who is likely to be affected, and in what way?”

With this question, some people realize the seriousness of the situation.

On the other hand, for the employee themselves, you can ask this while avoiding accusatory language:

“Regarding your health and your circumstances, what would be the most comfortable way for you to share them with us?”

Questions have the power to open people up. Conversely, without questions, people remain closed off, and the situation does not move forward.

The ability to endure ambiguity, the ability to formulate questions

The job of a labor and social security attorney is to be an expert in laws and rules, but it is also a job that involvesfacing 'situations that are not black and white' almost every day.

That is why what is needed is not just the ability to explain the system, but

“In the midst of this ambiguity, what is needed most right now?”

I believe it is the ability to take a step forward while asking oneself this.

What kind of question would you pose in this situation?

By bringing 'questions' into small, everyday situations like this, the way you see the situation changes, and the world begins to move little by little.
If you like, please take a look at my serial magazine, 'Map of Questions,' where I explore the 'power of questions' more deeply.

Membership for Labor and Social Security Attorneys: 'A Learning Place for Labor and Social Security Attorneys Who Sell Without Selling'


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