Sickness Absence

You should make yourself familiar with your employer’s sickness management policy, which should be available on the intranet. Generally speaking, it will contain things such as who you should notify, and how, when you become ill, and what contact you should have with your employer during your absence.  When you return to work, your manager will arrange a meeting with you to discuss your absence and any supportive measures that could be put in place to help you.

There are circumstances when your employer may want additional medical advice. In such cases, you may be referred to Occupational Health. You should be given the opportunity to read the referral before it is sent so that you can see what information the employer is providing, and the questions it is seeking answers to. When you have been to the OH appointment, you can see the report in advance of it being sent to your manager. It may contain recommendations for your employer to put measures in place to support you on a return to work, or give an idea when you are likely to return. Your employer must consider any medical advice when implementing any part of their sickness management policy, or discussing a return to work.

The policy is likely to have several steps to be followed, and, in the case of lengthy or frequent short-term absence, some formal procedures and meetings. Each step may be triggered by events, such as how long you have been on sick leave, or how often.  You are entitled to be accompanied to formal meetings by your AEP representative, or a colleague of your choice. At the meeting you will be able to explain your absence and your employer will decide what action, if any, to take, including any support they are able to give you to enable you to return to work.  In cases of serious or lengthy absence, or repeated short term absence, your employer may contemplate dismissal. It is important that you are open and honest, and think about what your employer can do to support you returning to work. It is usually considered lawful for an employer to dismiss an employee due to sickness, provided that fair policy/procedure has been followed.

There is likely to be a provision within your employer’s policy for longer term sickness absence for keeping in contact. This ensures that the employee is not isolated, and that the employer can be kept fully aware of the situation. Regular phone calls may take place to enquire about progress and potential return dates, but should not be intrusive. Face to face meetings may also be included.  These may take place away from the workplace – either at the employee’s home, or another mutually convenient location. So long as there is a private space available and the employee is comfortable, then there are opportunities to be creative about when and where they take place. The employee should also be able to have someone with them as support. This can be your local rep, or colleague, or the employer can agree to a family member being a companion, but this is not a legal right. It is important that contact takes place to ensure that support can be put in place when the employee returns to work, and to make sure that the employee is aware of any developments in the workplace.

When the employee returns to work, there should be a meeting with their manager as soon as possible – this can be on the day of return, but this isn’t always possible. The Return to Work meeting should focus on what support is available to the employee. This can be simple things, such as ensuring that the employee has access to IT systems or discussing a ‘Phased Return’, or other measures. Phased returns are often recommended if the sickness absence has been quite lengthy. Evidence suggests that, following lengthy absence, a phased return supports sustained working. Many employers have guidance for phased returns which, when applied, means that the employee will receive full pay. Often, the phased return needs to take place over 4-6 week and time is built up so that, by the end, they are working at full capacity, and a full workload. There may be provision for the return to be extended by the use of accrued annual leave. Regular meetings should take place to ensure that the employee is being supported, and to review any difficulties the employee may be having.

If an employee is on sick leave for a prolonged period of time, the employer may have provisions within its policy to consider dismissal. This is normally a lawful step, provided a fair policy has been followed. At any meeting where dismissal is being considered, the employer is required to consider any up-to-date medical evidence. This is usually by way of occupational health referrals. If the medical evidence suggests that the employee is likely to return within a reasonable timeframe, the employer should be discouraged from dismissal. However, there are circumstances when it may not be possible for an employee to recover sufficiently. For long term illness, the employee may seek agreement for early retirement on the grounds of ill health. This is a process where an independent medical practitioner considers all aspects of the case, and determines the likelihood of the employee returning to good health before their normal retirement age. Information on this can be found via your pension administrators or HR.