When an employee is signed off sick for an extended period, it can be difficult to know what to do next. How long is “long-term”? What can you reasonably expect? We take a look at three things every manager needs to know before taking action.
- What counts as ‘long-term’?
- Being off sick does not put employee rights on hold – and a key change is on the way
- Where to start and the golden rule
1. What counts as ‘long-term’?
It often surprises managers to learn that employment law contains no fixed definition of “long-term” sickness absence. As a general guide, an absence of eight weeks or more is treated as long-term, unless your own contracts or policies say otherwise. Always check your documentation first, as it may set a different threshold that applies to your business.
2. Being off sick does not put employee rights on hold – and a key change is on the way
A common misconception is that an employee’s rights somehow pause while they are away. They do not. In almost every respect, an employee on long-term sickness absence keeps the same protections they would have if they were sitting at their desk. In particular:
- Protection from discrimination and harassment.
This applies from the very first day of employment, with no qualifying period. Long-term absence frequently has an underlying health condition behind it, so it is particularly important to be alert to potential disability discrimination risks.
- Reasonable adjustments.
Where an employee is disabled within the meaning of the Equality Act 2010, your business may be under a duty to make reasonable adjustments to help them return to, or remain in, work.
- Employees are protected from being unfairly dismissed.
For ordinary unfair dismissal, this currently depends on the employee having two years’ qualifying service. As you are likely already aware, this is changing.
The qualifying period will reduce from two years’ continuity of service to six months where the effective date of termination is on or after 1st January 2027. With employees gaining ordinary unfair dismissal rights sooner, it makes it more important than ever to ensure that long term sickness absence cases are managed appropriately. Also bear in mind that the removal of the statutory cap on the compensatory award for unfair dismissal is taking place on 1st January 2027.
3.Where to start and the golden rule
If you find yourself managing a long-term absence, a measured first few steps will stand you in good stead:
- Know your own position.
Familiarise yourself with your sickness absence policies and procedures, how similar situations have been handled in the past, and any relevant contractual terms such as entitlement to Company sick pay.
- Arrange a welfare meeting.
For many employers the natural next step is a preliminary welfare meeting with the employee, to understand the reasons for the absence and the likelihood and timing of a return.
- Consider medical advice.
Where an early return does not appear likely or there are other concerns, it is usually sensible to seek the employee’s permission to obtain medical advice on their situation. This commonly comes from their GP, though Occupational Health may be better suited depending on the circumstances. As you would expect, employees have specific rights where an employer wishes to obtain a medical report about them. If you are considering requesting a medical report, please speak to us before acting. We can advise on the process and prepare the necessary correspondence with both your employee and the medical practitioner, including permission-to-contact request letters.
- The golden rule? Fair, reasonable, and case by case.
Long-term sickness absence is not always straightforward. It is easy to take a wrong turn, and no two situations are quite the same. The particular facts of each case shape what counts as reasonable and appropriate action, and when. Acting fairly, following a sound procedure, and taking each case on its own merits are the foundations of getting this right.
For that reason, if you have an employee on long-term sickness absence, we strongly recommend taking advice on your specific situation before you act, and certainly before any decision to dismiss. We can provide tailored advice, assist with correspondence, and guide you through the process from start to finish.