Dealing with long-term sickness absence

Long-term sickness absence can be one of the most concerning occurrences for employers. It can sometimes call into question the employee’s ability to do their job when they return to work. It is important to have a sickness policy in place.

Here, we outline what is classed as a long-term sickness absence, how you can review long-term sickness absence, and if an employee who is off sick long-term is entitled to their annual leave. We also look at what medical evidence you require as an employer and how you can construct both a sickness absence and return-to-work policy. Finally, we examine how you should handle pregnancy and disability long-term sickness cases and the laws around firing an employee who has been off sick long-term.

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Find out what is meant by “long-term sickness absence” in the UK.

Read how to review an employee’s long-term sickness absence, including how to request medical evidence.

Find out what to consider when putting together a sickness absence policy.

Read how to create a return-to-work policy.

Find out when you can fire an employee who is on long-term sickness absence, and how to do this.

We answer common queries on handling long-term sickness absence in employees.

What classes as a long-term sickness absence?

In the UK, employees who have had a sickness absence of more than four weeks may be considered 'long term sick'. This can vary by country.

Reviewing long-term sickness absence

When you are looking to review long term sickness absence, you will need to review the relevant employee’s medical records and find out all that you can about why an employee is off long term. You will also need to review whether an employee will be able to return to work or if this may lead to a dismissal. Ensure you are clear on the following when an employee is off long-term due to sickness:

Is an employee who is off sick long-term entitled to annual leave?

An employee is still entitled to their annual leave while they are on long term sickness absence. This could mean that they are not physically well enough to work, but may be physically well enough to go on a holiday. This can be especially prevalent in cases of mental health-related absences when taking annual leave and a holiday may support their recovery.

Are you unsure on an employee’s rights if they are off on long-term sickness absence? Contact us today for guidance.

Requiring medical evidence

If an employee is off on a long-term sickness absence, you as an employer are entitled to request medical evidence. This could encompass a medical report written by your employee’s doctor or a specialist, or you may wish to have your employee examined by a different, independent medical professional. This will normally be done at your expense, and you must be clear with the employee in their contract that this may be expected.

Putting together a sickness absence policy

Putting together a sickness absence policy is an intricate matter that is best supported by a legal professional. There are many steps you must take to make sure your policy is as comprehensive as possible.

In the first instance, you must set out the policy’s purpose and scope and make sure that the expectations of both managers and employees are clear. It is also vital that you explain that you require medical evidence for long-term sickness absence, and what this can legally encompass so that it is clear to employees. You should also be clear that there is an expectation on the employee to keep in touch with your company, so that you can remain updated on their situation and so that they feel comfortable with returning to work. You must include details of long-term sick pay entitlement, and the point at which this changes (for example, if an employee will be on full pay for six months but then be cut down to half pay).

You should have a procedure in place for obtaining medical advice and set a clear point at which employees will be referred to occupational health. This may be if they have been absent for 28 days or more.

Your policy should also include your return-to-work interview policy clearly and concisely for your employees and managers so that everyone knows what to expect.

Are you dealing with a dispute with an employee over long-term sickness absence rights? Find out how we can help.

Putting together a return-to-work policy

It is vital to have a return-to-work policy in place when it comes to your employees. It shows that you are taking care of an employee and ensuring that they are ready to return to work. Your policy should include what will happen when an employee returns to work, and what they might expect in their interview, and how you will be keeping up with them and checking in periodically.

Pregnancy and disability

Pregnancy and disability must be treated differently from other long term sickness cases, as these situations can lead to potential discrimination claims. You cannot dismiss an employee for being off sick during pregnancy or with a disability as this could be classed as legally defined discrimination, and reasonable adjustments must be made to accommodate the employee in these cases. It is best to get legal advice on these issues to avoid accusations of discrimination.

Firing an employee who is off sick long-term

If it becomes necessary to fire an employee who is off sick long term, then this is possible, however, it must be done carefully. You should have a well-planned process in place so that you can avoid claims of discrimination from the employee in question. You should ensure that your process involves a thorough assessment of whether the employee can return to work and any other reasons you may have for the dismissal. Read our full guide to dismissing an employee here.

Do you need assistance in dismissing an employee? Contact us today.

Frequently asked questions

How much sick pay do employers offer?

Sick pay offers vary between companies; however, all employers must offer Statutory Sick Pay (SSP), which is £96.35 per week.

What constitutes long-term sickness?

Long-term sickness constitutes an employee who has been off sick for four weeks or more.

What are the 5 fair reasons for dismissal?

The 5 fair reasons for dismissal are conduct/misconduct, capability or performance, redundancy, statutory illegality, or Some Other Substantial Reason (SOSR).

Which groups have the highest sickness absence rates?

Sickness absence rates are higher amongst older workers, those who have a long-term health issue and those who work in the public sector.

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