How to Deal with Sickness Absence and Long-Term Sickness – FAQ’s

Reasons to choose Wilson Browne

If your business finds itself in a situation where an employee has been off work for a significant amount of time, it can be frustrating and cause disruption to day-to-day operations.

Nonetheless, approaching the employee about their sickness absence must be done with caution to avoid any risk of discrimination. The Employment Law Team have put together this list of Frequently Asked Questions to help guide you when managing long-term sickness absence.

Do I Need To Continue Paying The Employee?

Whilst there is no legal right for an employee to continue to receive their wage/salary during sick leave, many employers provide contractual sick pay within employment contracts. Contractual sick pay often provides full or partial pay for a set period of absence.

Even if the contractual term states the sick pay is discretionary, or if there is no express term in the employment contract referencing sick pay entitlements whatsoever, this right may be implied when looking at your custom and practice.

UK employees are entitled to Statutory Sick Pay (SSP) for up to 28 weeks (providing they qualify). Contractual sick pay will often include any SSP.

Can I Dismiss The Employee?

If an employee has more than 2 years’ service and they are dismissed for taking sick leave, they may claim unfair dismissal. Therefore, you must follow a fair procedure and act reasonably.

Employers must also be wary that sickness absence may be related to a disability and, therefore, dismissing them may amount to discrimination. Employees are protected from discrimination from day one, so it does not matter if they have worked for you for fewer than 2 years.

Therefore, we strongly recommend employers have a sickness absence policy in place and follow this before making a decision to dismiss an employee. If you are unsure, contact us.

How Should I Monitor The Absence?

Along with an effective sickness absence policy, you should ensure any decisions and communications relating to an employee’s sick leave is well-documented.

If the employee is dismissed it is essential that there are accurate records of all meetings, including the grounds for dismissal. Ideally, telephone calls should be followed up in writing.

Should I keep in Contact With An Employee Who Is Off Sick?

A balance of appropriate contact should be struck with the employee that demonstrates concern and offering support, but not so much that they feel pressured.

In most cases, an agreement should be reached with the employee as to the level of contact they feel comfortable with. This is especially important where the absence may be disability-related.

Do I Need An Occupational Health Report?

Occupational Health Reports can be of great assistance in terms of understanding the reason for the absence, the prognosis, and suitable workplace adjustments on return to work.