Managing long-term sickness absence can seem daunting but being aware of a few key things can help you to be prepared to tackle this situation if it arises in your business. So, what can it be helpful to know?
- What is long-term sickness absence?
- What rights do employees have when they are on long-term sickness absence?
- What should my first steps be if I have a long-term sickness absence situation in my business?
1. What is long-term sickness absence?
It sometimes comes as a surprise to businesses that there is no employment law definition of what ‘long term’ is when it comes to the duration of sickness absence. As a general rule of thumb, eight weeks or more of sickness absence is often considered long-term, unless there is anything different in the employer’s contracts/policies.
2. What rights do employees have when they are on long-term sickness absence?
When it comes to statutory rights these are generally the same as if the employee was at work. For example, they will still have protection from being unfairly dismissed (subject to a two-year qualifying service requirement for ordinary unfair dismissal) and they have the right not to be discriminated against or harassed from day one of their employment. Furthermore, if they have a disability there can be an obligation on your business to make reasonable adjustments in some situations.
3. What should my first steps be if I have a long-term sickness absence situation in my business?
Initially make sure you are familiar with your business’s long-term sickness absence management policies, procedures and past practices and any other relevant contractual terms such as entitlement to Company sick pay. This can support you in acting appropriately.
For many employers, the next step will be to arrange a welfare meeting with the employee to explore the reasons for their absence and the prospects of their return. If the employee does not foresee an imminent return to work then it is usually appropriate to seek their permission to obtain medical advice on their situation. This will commonly be from their GP although another source such as Occupational Health may be more appropriate depending on the situation.
Did you know? Employees have rights when it comes to your business wishing to obtain a medical report. If your business is in this position, please get in touch before acting. We can help with advice and correspondence with your employee and the medical practitioner, including permission to contact doctor request letters.
Remember, it’s important to act reasonably and appropriately when managing long-term sickness absence and to follow a fair procedure. Managing long-term sickness absence can be challenging for businesses not only because it’s easy to make a misstep but because the individual facts and circumstances of each case need to be taken into consideration. This will often influence what is reasonable and appropriate action to take and when.
With this in mind, if you have an employee who is on long-term sickness absence it’s vital to seek advice on your situation before taking any action, including dismissing any employee. We can provide specific advice tailored to your circumstances, help with correspondence and provide guidance on the process to follow.
Have a sickness absence or other HR issue you would like assistance with? Please get in touch.