Employer Actions for Managing Long-Term Sickness Absence

Employees may need time off for a variety of reasons, from short-term sickness to longer-term health issues. Here, we provide tips for managing staff absence, for managers and company owners alike to not only create an effective absence management framework which supports employees' health and wellbeing, whilst preventing the misuse of sick leave entitlements. 

Many employers will inevitably have to deal with a member of staff not returning to work after a leave of absence. The three most common causes of long-term sickness absence in the UK are cited to be work-related stress, mental health issues, such as severe depression or chronic anxiety, and ongoing musculoskeletal injuries, such as back problems.

The management of a staff member’s absence should be carried out proactively with the primary aim of supporting the employee and facilitating a return to work as soon as possible. Dealing with long-term absence has a two-fold approach – the first step is to manage the employee’s absence from work, and the second step is to effectively manage their return to work.

In the initial phase of a sickness absence, the employer should focus on immediate practicalities such as the provision of fit notes and payment of sick pay. As the absence progresses, the employer should conduct regular reviews, seek expert advice from occupational health, and assess the employee's potential for a return to work.

Medical Advice
Medical evidence, typically in the form of a fit note, is required for absences exceeding seven calendar days. This will set out the date they were clinically assessed, the nature of their condition, and when they are likely to recover or whether they will need to be reassessed to determine their fitness for work. Employees on long-term sick leave must obtain a new fit note before the expiry date of their previous certificate.
When an absence is expected to be long-term, employers should discuss an Occupational Health referral to assess the condition, potential duration, and explore potential workplace accommodations. If the employee declines, the employer may need to proceed without further information. 
Upon receiving an assessment, employers should consider next steps, prioritising the employee's well-being and a potential return to work. If additional medical information is needed, employers should consult Occupational Health first, respecting the employee's privacy rights under the Access to Medical Reports Act 1988.

Maintaining Contact 
An employee on long-term sick leave may feel isolated and miss the social contact that work usually affords. To mitigate feelings of isolation, employers should maintain regular contact with employees on long-term sick leave. This demonstrates the organisation's commitment to the employee's well-being and provides an opportunity to offer support and guidance.
It will be very important for the employee in question to know that, even though he or she is off sick, support is available. Employers should take positive steps to keep in touch so that the employee knows that the organisation is interested in his or her health and wellbeing, and that support is available.
While some employers may have concerns about potential undue pressure, it is important to recognise that regular contact can be beneficial for employees on long-term sick leave. A brief communication, whether by phone or email, can provide reassurance and offer support.
Not only does keeping in touch personally allow the manager to stay up to date with the employee’s welfare and progress, it will also provide the employer with a better idea of when a return to work may be possible, thus allowing for adequate organisation and temporary cover.

Return to Work
There are many options available when it comes to managing an employee’s return to work following a period of long-term absence. These options should be fully discussed with the employee in question, and a suitable solution agreed between them and the employer.

The employer may wish to seek to obtain further medical advice about the employee's fitness to work and, once the employee has been declared fit to return, there are steps that might reasonably be taken to support the employee's return. 

A healthcare professional may recommend appropriate steps to accommodate an effective and stress-free return, or the employee may have an idea of the approach that they wish to put forward and discuss.

These could include:
• a phased return to work – where hours are reduced initially and build up over a period of time.
•  a permanent reduction in hours – in this case, a job share solution may be advisable.
• a flexible approach to working hours – whereby hours can be adapted or time taken in lieu.
• a hybrid working model – combining remote working and office time.
• a modified role – if the employee is not fit to perform all the duties of the job, or where adjustments need to be made.

It is prudent to take into consideration a few factors which may affect the employer’s decisions on the correct course of action to take, for example: if the employee is still taking any medication previously prescribed and whether there may be likely side effects, such as tiredness and fatigue.

Likewise, the employee may need special arrangements or additional support to help him or her to return to their former role. Be sure that the employee is not overwhelmed with, or facing a tremendous backlog, on their return. Maybe consider arranging for one of the employee's colleagues to act as his or her "buddy" for a period, taking responsibility for helping the employee with any difficulties in the first few weeks after his or her return.

Employees returning from long-term absences may experience anxiety and uncertainty. To facilitate a smooth reintegration, employers should take proactive steps to create a supportive work environment, paying particular attention to the needs of employees recovering from mental health conditions. Take positive steps to ensure the employee feels that his or her return is welcomed, and actively monitor the situation for a period of time to make sure that the employee is coping adequately with the day-to-day work and its associated pressures.

Phased Return
Phased returns can help employees gradually reintegrate into the workplace after a long-term absence. They can be considered a reasonable adjustment under the Equality Act 2010 and are often recommended by healthcare professionals. However, they are only suitable when the employee is capable of some work and is likely to make a full recovery.

An initial return to work interview should be organised between the employer and employee. Things to discuss with the employee when considering a phased return include: when the phased return is to start; with what work and hours the employee will start the phased return; at what location the employee will start the phased return (for example, at home or in the office); whether or not there are any other changes to the working arrangements that might need to be made (such as a special chair or computer equipment to help support an employee with a disability); arrangements that will be put in place to monitor the employee's progress and any difficulties; what will happen to the employee's pay during the phased return to work; and to whom the employee should report if he or she has any difficulties with the arrangements.

Phased returns should be personalised to the employee's specific needs and typically last no more than six weeks on full pay. After four weeks, the manager and employee should discuss progress and decide if a full return is feasible or if further additional support is needed. At the end of a phased return, if an employee is fit for work but does not feel ready or able to resume their full contractual hours, he or she may wish to consider: a reduction in contractual hours with an associated reduction in pay; to take annual leave either in one block or staggered over a period of time; and/or to take unpaid leave.

Requests for adjustments to contractual hours, annual leave, or unpaid leave need to be considered on a case-by-case basis. The decision should be made based on operational requirements, budgetary constraints, and the potential impact on service delivery.

You can find out more on effective absence management, including advice, practical tips and the legalities involved, by signing up for your free trial at www.freshr.biz.