Long term sickness absence can be challenging for both employees and employers. For employers, extended absence may affect productivity and have an impact on colleagues. For employees, being away from work for a prolonged period can affect their wellbeing and confidence. Employers must strike a balance between the operational needs of the business, their legal obligations and the duty of care owed to employees. Effective management of sickness absence is therefore essential.
KEY POINTS FOR EMPLOYERS WHEN MANAGING LONG TERM SICKNESS ABSENCE
1. Have a sickness absence policy in place
- Having a policy helps establish clear expectations for employees.
- Employers should ensure the policy sets out the procedures for sickness absence, reporting requirements, fit note/medical evidence rules, details around payments, how communication will be handled and the process regarding return to work.
- It should also define long term absence (generally where an employee has been absent for 4 weeks or more) and the process for handling long term sickness absence.
- Employers should ensure appropriate sick pay is given (whether statutory or contractual).
- The policy should be applied consistently.
2. Maintain regular, sensitive contact
- Agree on the frequency and preferred method of contact with the employee.
- Keep contact supportive, not pressuring.
- Keep a record of what is said.
3. Collect medical information
- Ask the employee for fit notes when needed (after 7 days absence).
- Where necessary, seek consent from the employee to obtain medical evidence such as an OH report. This can assist with understanding the employee’s condition, whether it is likely to be a disability for the purposes of the Equality Act 2010, whether reasonable adjustments are needed and whether the employee is fit to return.
4. Consider reasonable adjustments
- If the health condition amounts to a disability under the Equality Act 2010, the employer must consider reasonable adjustments. This might include altered duties, reduced hours or a phased return.
5. Hold welfare meetings
- The aim is to understand the employee’s situation; employers should discuss with the employee how they are feeling and offer support.
- Discuss the findings of the report with the employee and whether any recommended adjustments can be facilitated.
- If absence extends beyond a few weeks, ensure regular reviews are conducted to assess the employee’s condition and progress.
6. Explore return to work options
- As soon as there is a realistic chance of return, make a structured plan – this may need to be adjusted subject to meetings with the employee and OH input.
- Consider a phased return to work.
- Hold a return-to-work meeting.
7. Capability action?
- Sometimes even after support and adjustments, it becomes clear that an employee won’t be able to return and therefore there is a need to consider dismissal on the grounds of capability due to ill health.
- Before doing so, employers need to ensure that medical evidence is obtained, all reasonable adjustments have been explored, consultation with the employee has taken place and a clear capability procedure is followed.
- Dismissal is always the last resort and only after a fair process has been followed. Dismissal will only be fair if medical evidence confirms incapacity, reasonable adjustments failed, redeployment has been considered and a fair procedure has been followed.
Tips
** Employers should also consider the wider team as someone being off on long term absence puts pressure on colleagues.
** Keeping detailed records is particularly important where the absence is long term or if the employee has a disability. If an employer gets to the point of a capability dismissal, they should have a detailed record of everything that has been considered before making the decision to dismiss.
If you would like support with absence management, please speak with the DTM Legal Employment Law team or email employment@dtmlegal.com.
This article is for general information only and does not constitute legal advice.
