Long Term Sick
Long-term sickness in the workplace presents challenges for both the employee and the employer. It can disrupt daily operations, place additional strain on the team, and lead to uncertainty about how to manage the situation effectively.
The significance of this issue is reflected in recent statistics, with a peak of 2.83 million people not working due to long-term sickness in the UK in April 2024, a sharp increase from 1.97 million in 2019. Although this figure fell slightly in the subsequent two months, the trend highlights the growing importance of addressing long-term sickness in the workplace.
At the same time, the affected employee may face significant physical or mental challenges, making it vital to handle the situation with empathy and in full compliance with UK law.
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Table of Contents
- Understanding Long-Term Sickness
- Legal and HR Considerations
- Maintaining Communication During Absence
- Offering Practical and Emotional Support
- Planning for the Employee’s Return
- What if the Employee Cannot Return to Work?
- Preventing Legal Issues
- Talk to Us
- Frequently Asked Questions
Understanding Long-Term Sickness
Long-term sickness refers to an extended period of absence from work due to illness or injury. It is essential for both the employer and employee to understand what constitutes long-term sickness and the legal entitlements that come with it.
What Constitutes Long-Term Sickness?
Long-term sickness is typically defined as an absence from work lasting four weeks or more. If you are ill for up to four weeks, this rule doesn’t apply. This could be due to various causes, including:
- Chronic illnesses
- Mental ill health
- Accidents that require a prolonged recovery period
Understanding the nature of long-term sickness is important for managing the situation effectively and ensuring that the affected employee receives appropriate support.
Legal Entitlements for Employees
Employees on long-term sick leave are entitled to Statutory Sick Pay (SSP) for up to 28 weeks, provided they meet the eligibility criteria that require employees to earn above the minimum threshold and provide a fit note from a healthcare professional.
In addition to SSP, some employees may have further sick pay entitlements outlined in their employment contracts, and they may continue to accrue annual leave during their period of long-term sickness absence. Employers also have a duty of care under UK law to make reasonable adjustments to accommodate the employee’s condition and support their return to work when possible.
Legal and HR Considerations
When managing long-term sickness absence, it is essential to be aware of the legal obligations and HR responsibilities that ensure both compliance and fair treatment for all employees.
Employer’s Responsibilities
Under the Employment Rights Act 1996 and the Equality Act 2010, employers must handle long-term sickness absences with care and fairness. This includes ensuring that no disability discrimination occurs against employees who are on long term sick leave, especially those with disabilities.
Employers are also required to make reasonable adjustments to the employee’s working conditions or role to accommodate any physical or mental challenges, thus supporting their return to work.
The Role of HR
HR plays a prominent role in managing long-term sickness absence by enforcing company policies, maintaining accurate documentation, and ensuring legal compliance. HR professionals are responsible for keeping records of the employee’s absence, communicating with the affected employee, and advising line managers on appropriate actions.
In complex cases or when legal questions arise, it may be necessary to seek legal advice or consult with HR professionals to ensure that all actions taken are within the bounds of UK law.
Maintaining Communication During Absence
Effective communication during a long-term sickness absence is key to supporting the employee and managing the impact on the team.
It is essential to strike the right balance between staying connected and respecting the employee’s privacy.
Staying Connected with the Employee
Regular and respectful communication is vital when an employee is home sick on long-term leave.
It’s important to:
- Agree on the frequency and method of contact that suits the employee’s current health and circumstances (e.g., phone calls, emails, or other means).
- Keep the employee informed and connected to the workplace without overwhelming them.
- Ensure that their privacy is respected while keeping both the employer and employee up to date on important matters.
Updating the Team
Keeping the team informed about the situation is important for maintaining morale and cohesion, especially in the absence of a key member. However, it’s vital to do this without breaching confidentiality. Share only the necessary information to ensure the team understands any temporary changes to workloads or responsibilities, while respecting the privacy of the absent employee.
This approach helps maintain a positive work environment and ensures that the team remains cohesive during the period of long-term sickness absence.
Offering Practical and Emotional Support
Supporting an employee on long-term sick leave involves providing both practical assistance and emotional understanding. These efforts can help the employee feel valued and ensure a smoother transition during their absence.
Practical Support Measures
When an employee is on long-term sick leave, it’s essential to manage their workload effectively. This may involve:
- Temporarily redistributing duties among existing staff.
- Hiring temporary employees to cover critical tasks.
- Providing the absent employee with resources, such as information on their condition or wellness programs, to support their recovery.
Effective management of the workload in their absence ensures that business operations continue smoothly while also showing the employee that their return is eagerly anticipated.
Showing Empathy and Respect
Empathy is a key element in supporting an employee during long-term sickness absence. Encouraging the team to send well-wishes or small tokens of support can help the absent employee feel connected and valued, without feeling pressured to return prematurely.
It’s important to respect the employee’s recovery timeline and avoid any actions that might suggest they should return to work before they are ready. This approach not only supports the employee’s well-being but also creates a positive and supportive workplace culture.
Planning for the Employee’s Return
A well-considered plan for an employee’s return to work after a long-term sickness absence is essential for ensuring a smooth and supportive transition. This planning involves careful coordination between the employee, their line manager, and HR.
Preparing for a Phased Return to Work
When discussing the return to work, a phased approach can be highly beneficial. This involves working with the employee to gradually reintroduce them to their role, possibly through flexible hours or lighter duties, depending on their current health and capabilities.
Such adjustments can help ease the employee back into their routine without overwhelming them, ensuring a sustainable return to work.
Managing Expectations
Setting realistic goals for the employee’s return to work is a must. It’s important to monitor their progress closely and be prepared to make further adjustments if needed.
Clear communication about what the employee can achieve during the initial period back at work will help manage both the employer’s and the employee return expectations, reducing stress and supporting long-term success.
Occupational Health Involvement
Involving occupational health professionals can be essential when planning the return of an employee after long-term sickness. Occupational health can provide valuable insights into the employee’s fitness for work and suggest any reasonable adjustments that might be necessary.
Their expertise can also be instrumental in creating a return-to-work plan that supports the employee’s ongoing health and well-being.
What if the Employee Cannot Return to Work?
In some cases, an employee may not be able to return to work after a long-term sickness absence. It’s important for both the employer and the employee to explore all available options and proceed with care to ensure a fair and lawful resolution.
Assessing the Situation
When long-term sickness leads to a potential permanent inability to work, it’s essential to:
- Assess the situation thoroughly.
- Conduct regular consultations with medical professionals to determine the sick employees’ current health status and future prospects.
- Use these evaluations to guide decisions on the best course of action, ensuring that any decisions made are based on up-to-date medical advice.
Exploring Alternatives
Before considering dismissal, it’s important to explore all possible alternatives. This might include:
- Offering the employee alternative roles within the organisation.
- Adjusting their current role to better suit their condition.
- Reducing their hours to accommodate their health needs.
- Considering options like early retirement or accessing health insurance benefits.
These alternatives can help the employee feel supported and valued, even if they are unable to continue in their original role.
Handling Potential Dismissal
If dismissal becomes unavoidable, it is essential to follow the correct legal procedures to avoid claims of unfair dismissal. This may involve initiating a capability dismissal process if the employee is no longer able to perform their duties due to ill health.
In some cases, the concept of ‘contract frustration’ may apply, where the employment contract is considered void because it cannot be fulfilled by either party. Regardless of the situation, ensuring that the process is fair and legally compliant is essential to protect the employer from potential legal repercussions.
Preventing Legal Issues
To avoid potential legal complications related to long-term sickness absence, it is essential to take proactive steps in managing the situation.
Proper documentation and understanding of the legal process are key elements in preventing disputes.
Documenting Every Step
Keeping thorough records of all communications, decisions, and adjustments made during an employee’s long-term sickness absence is important. This documentation should include:
- Notes from meetings.
- Copies of all correspondence.
- Any medical evidence provided.
Such documentation serves as evidence that the employer has acted fairly and in accordance with the law. It can protect the employer in the event of any legal challenges and demonstrates a commitment to managing the situation transparently.
Understanding Employment Tribunals
If the management of a long-term sickness absence leads to an employment tribunal, it’s important to be prepared. Employers should expect the tribunal to examine whether all reasonable steps were taken to support the employee and manage the situation fairly.
Demonstrating that the employer has followed legal procedures, made reasonable adjustments, and documented every step can be vital in defending against claims of unfair dismissal or discrimination. Understanding the tribunal process and ensuring that all actions taken are justified can significantly reduce the risk of an adverse outcome.
Talk to Us
Balancing empathy with legal responsibilities is essential when managing long-term sickness absence. Employers must ensure they are meeting their legal obligations while also providing the necessary support to their employees. If you’re unsure about how to handle these situations, seeking professional advice is a wise step to ensure you’re acting both compassionately and in compliance with the law.
If you need assistance with managing long-term sickness cases or updating your HR policies, get in touch with The HR Consultants. We’re here to help get you through these challenges and ensure your business remains compliant and supportive.
Frequently Asked Questions
To help you through the complexities of managing long-term sickness absence, we’ve compiled answers to some of the most common questions employers face.
What is the difference between long-term and short-term sickness absence?
Long-term sickness absence typically refers to a period of sickness that lasts for four weeks or more. This could be due to chronic illness, mental ill health, or a serious injury that requires extended recovery time. On the other hand, short-term sickness absence generally involves brief periods of sickness, often less than seven days, where the employee might not need to provide a fit note.
Understanding the difference is important for employers when managing sick leave, as the approach to support, documentation, and legal obligations may vary depending on the duration of the absence.
Can an employee be dismissed while on long-term sick leave?
Yes, an employee can be dismissed while on long-term sick leave, but it must be handled carefully and in line with legal requirements to avoid claims of unfair dismissal. Before considering dismissal, employers should explore all possible alternatives, such as offering reduced hours or different roles.
Employers must document every step of the process and ensure that they have taken all reasonable steps to support the employee before reaching a decision.
What are an employee’s rights to sick pay during long-term sickness absence?
During long-term sickness absence, employees are entitled to Statutory Sick Pay (SSP) for up to 28 weeks, provided they meet the eligibility criteria, such as earning above the minimum threshold and providing appropriate medical evidence. Some employment contracts may offer occupational sick pay that exceeds the statutory minimum, depending on the terms agreed upon by the employer and employee.
It’s important for both the employer and employee to be clear on the sick pay entitlements, as outlined in the employment contract.