Managing Long-Term Sickness Absence

Most employees will likely need to take time off work due to sickness at some point in their working lives. However, persistent short-term and long-term sickness absences are costly and time-consuming for any business.

Managing sickness absences is a common and complex issue for employers. At MAD-HR, employers often ask us questions about how to manage long-term sickness absences, such as how much contact we should have with the absent employee, what support we should provide, and when dismissal is appropriate.

In this blog, we will share practical advice for employers dealing with long-term sickness absences.

What is Long-Term Sickness Absence?

Long-term sickness absence is when an employee is absent from work due to ill health. The most common causes of long-term absence are mental ill-health, musculoskeletal injuries, acute medical conditions, and stress.   

Disability and The Equality Act 2010

Employers should be mindful that employees with long-term health conditions may have a disability according to the law. The Equality Act 2010 defines a disability as a physical or mental condition with a substantial (more than minor or trivial) and long-term (12 months or more) impact on the person’s ability to do regular day-to-day activities.

Employers are obligated to make reasonable adjustments to support an employee’s return to work for anyone suffering from a disability.

Practical Steps for Managing Long-Term Sickness Absence

Effectively managing employees’ long-term absence from work is crucial to supporting the employee during their recovery and return to work. Line managers should consider the following:

• • Have a clear sickness absence policy that outlines the procedure for handling long-term sickness absences.
  • Maintain regular communication with the employee to understand their condition, obtain up-to-date and continuous fit notes, and ensure they are receiving the required support. The manager should make arrangements to keep in touch with the employee on a regular basis (to be agreed upon between the employer and employee).
  • Conduct regular meetings in the office, at a private location, or in their home if the employee is comfortable with this. During these meetings, the line manager can:
    • Discuss how they are progressing.
    • Explore accommodations or adjustments that could speed up their return to work.
    • Request permission to obtain a medical report or refer them to Occupational Health.
    • Follow up with the employee to review the report and agree on actions.
  • Offer support to the employee and ask them what specific support they would like from the company. If there is an Employee Assistance Programme, remind them of it and offer to assist them in making contact.

Fit Notes and Medical Evidence

If an employee is off work sick for more than seven consecutive days, including weekends and bank holidays, they will need to provide their employer with a fit note. The note may also indicate ways to facilitate a return, such as a phased return, altered hours, amended duties, or workplace adaptations.

Sickness Pay and Holiday Entitlements During Long-Term Absence

• • Statutory Sick Pay (SSP): Eligible employees are entitled to SSP for up to 28 weeks. Employers offering enhanced sick pay should state this in the employment contract.
  • Holiday Entitlement: Employees continue to accrue holiday entitlement during long-term sick leave. If they are unable to use their annual leave due to sickness, they can carry over 4 weeks’ unused holiday entitlement. This leave must be used within 18 months from the date it was carried over.

Returning to Work After Long-Term Sickness

When an employee returns to work (regardless of the length of their absence), the line manager should:

• • Conduct a return-to-work meeting to ensure they are ready to return and have the necessary support.
  • Discuss any adjustments or phased arrangements that might ease their transition back to work.

When Dismissal Becomes an Option

Ultimately, having an employee return to work is the long-term goal for both parties. However, dismissal on the grounds of capability should only be considered if:

• • All other options have been explored.
  • Reasonable adjustments have been made.
  • Occupational health or medical reports indicate that a return to work is unlikely in the near future.

A fair and compliant process must always be followed.

Get Expert Support

Please contact us if you would like our support in managing long-term sickness absences, including advice on return-to-work plans, reasonable adjustments, and dismissals.