A Guide To Managing Long-Term Sickness Absence
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Managing long-term sickness absence can be challenging for any employer. Extended periods of absence can disrupt business operations and place additional pressure on colleagues. However, employers must approach these situations carefully to ensure employees are treated fairly and that legal obligations are met.
This guide outlines the key considerations when managing long-term sickness absence and provides practical advice for employers.
On this page:
Sick Pay Entitlements
Do employers have to continue paying an employee who is off sick?
Employees do not have an automatic legal right to continue receiving their normal salary whilst absent due to sickness. However, employers should review:
- The employee’s contract of employment.
- Any company sickness absence policy.
- Established custom and practice within the organisation.
Many employers offer contractual sick pay, which may provide full or partial pay for a specified period.
Employees who meet the eligibility requirements may also qualify for Statutory Sick Pay (SSP) for up to 28 weeks.
Managing the Absence
Maintain Accurate Records
It is essential to maintain clear and accurate records throughout the absence, including:
- Absence dates
- Medical certificates and fit notes
- Meeting notes
- Correspondence with the employee
- Occupational health reports
- Decisions taken and reasons for those decisions
Good record keeping can be invaluable if any future dispute arises.
Keep in Appropriate Contact
Employers should maintain reasonable contact with employees who are absent due to sickness.
The purpose of contact should be to:
- Demonstrate support and concern
- Discuss wellbeing
- Obtain updates regarding recovery
- Explore any potential return-to-work plans
Contact should never make the employee feel pressured to return before they are fit to do so.
Where possible, agree a suitable level and method of communication with the employee.
Occupational Health Assessments
When should an Occupational Health Report be obtained?
Occupational health assessments can provide valuable information about:
- The nature of the illness
- Likely recovery timescales
- Fitness for work
- Potential workplace adjustments
- Return-to-work recommendations
Obtaining medical evidence before making significant employment decisions is considered good practice.
Considering Reasonable Adjustments
Where an employee’s condition may amount to a disability under the Equality Act 2010, employers have a duty to consider reasonable adjustments.
Examples may include:
- Flexible working arrangements
- Altered working hours
- Phased returns to work
- Temporary adjustments to duties
- Additional support measures
Each case should be assessed individually.
Dismissal and Long-Term Sickness Absence
Can an employee be dismissed while on long-term sick leave?
Potentially, yes. However, employers must follow a fair process and act reasonably.
Before considering dismissal, employers should:
- Review medical evidence
- Consult with the employee
- Consider occupational health advice
- Assess reasonable adjustments
- Consider alternative roles where appropriate
Employees with at least two years’ service may be entitled to claim unfair dismissal if a fair process is not followed.
In addition, employees are protected from disability discrimination regardless of their length of service.
For this reason, employers should always follow their sickness absence policy and seek legal advice where appropriate.
Supporting Employees with Long Covid
Long Covid refers to symptoms that continue for more than 12 weeks after a Covid-19 infection.
Common symptoms include:
- Fatigue
- Brain fog
- Shortness of breath
- Memory difficulties
- Concentration issues
- Pain-related symptoms
- Depression and anxiety
Symptoms can fluctuate significantly, meaning employees may be capable of working on some days but struggle on others.
Employers should:
- Consider medical evidence carefully
- Maintain open communication
- Explore flexible working arrangements
- Consider reasonable adjustments
- Treat long Covid in the same way as other health conditions
Employment Tribunals have indicated that, in some circumstances, long Covid may amount to a disability under the Equality Act 2010.
Frequently Asked Questions (FAQs)
How long does an absence need to last before it is considered long-term sickness absence?
There is no legal definition of long-term sickness absence. However, employers generally consider an absence to be long-term when it lasts four weeks or more continuously.
Can an employer request medical evidence from an employee?
Yes. Employers can request appropriate medical evidence to help understand an employee’s condition, likely recovery period, and ability to carry out their role. This may include fit notes, medical reports, or occupational health assessments.
What should an employer do if an employee is not responding to communication?
Employers should continue making reasonable attempts to maintain contact and keep records of all efforts. If an employee remains unresponsive, employers may need to write formally requesting contact and explaining the potential consequences of failing to engage with the process.
Can annual leave continue to accrue during sickness absence?
Yes. Employees continue to accrue statutory annual leave while absent due to sickness, regardless of how long they have been off work.
Can an employee take annual leave while on sick leave?
Yes. Employees may request to take annual leave during a period of sickness absence and should receive their normal rate of holiday pay during that time.
Is a phased return to work always required?
Not necessarily. A phased return should be considered where medical advice suggests it would assist the employee’s recovery and successful return to work. Each situation should be assessed individually.
What happens if there is no clear return-to-work date?
Where there is uncertainty regarding an employee’s return, employers should continue reviewing the situation periodically, obtaining updated medical evidence and exploring all reasonable options before making any long-term decisions.
Can employers recruit a replacement while an employee is on long-term sick leave?
In some circumstances, employers may need to recruit temporary cover to meet business needs. However, caution should be exercised before permanently replacing an employee who remains employed and on sick leave.
What factors should employers consider before making capability-based decisions?
Employers should consider the employee’s role, length of service, medical prognosis, the impact of the absence on the business, any adjustments that have been considered, and whether a return to work is likely within a reasonable timeframe.
Are mental health conditions treated differently from physical health conditions?
No. Mental health conditions should be managed in the same way as physical health conditions. Employers should approach each case sensitively, obtain appropriate medical evidence, and consider any reasonable adjustments that may assist the employee.
What are the risks of failing to follow a fair sickness absence process?
Failure to follow a fair procedure can expose employers to claims including unfair dismissal, disability discrimination, failure to make reasonable adjustments, and breach of contract.
How often should sickness absence cases be reviewed?
There is no fixed timeframe. Reviews should be carried out regularly and proportionately, taking into account the nature of the illness, medical advice received, and any expected recovery milestones.
When should legal advice be sought?
Employers should consider seeking legal advice where there are concerns regarding disability, complex medical conditions, prolonged absences, capability dismissals, or where an employee has raised a grievance or potential legal claim.