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As an employer, you are entitled to set reasonable policies governing how employees can take their sick leave. Likewise, your employees are responsible for abiding by these policies. However, you may find it more challenging to draft policies for employees on long-term sick leave. This article will explain the key considerations you should bear in mind when drafting a sick leave policy that covers long-term sick leave. Having a well-drafted policy in place will reduce the possibility that an employee can make an unlawful discrimination or unfair dismissal claim.
What is Long-term Sick Leave?
Anytime your employees are absent from work because of an illness, they are on sick leave. The law distinguishes between short-term sick leave and long-term sick leave. Generally, long-term sick leave is when an employee is absent for four weeks or more due to an ongoing illness. An employee does not need to take four weeks of consecutive leave for it to qualify as long-term sick leave. Instead, the law considers long-term sick leave as any leave of four or more consecutive days, provided the total days the employee is absent totals four weeks in an eight week period.
As a business owner, you are free to implement a more generous definition of long-term sick leave in your absence policy. For instance, an employee taking eight days off of work following an operation might constitute a long-term absence.
What Should a Long-term Sick Policy Contain?
It is essential to ensure that your long-term sickness policy is clear and takes certain steps to ensure the workplace facilitates an employee’s smooth return. A well-drafted long-term sickness policy should help limit the effect long-term sick leave can have on your business’ productivity.
The following section details key terms and issues your policy should address.
Scope and Purpose of the Policy
At the start of your long-term sickness policy, you should clarify its purpose to your employees. That is, to help them return to the workplace in the event they have taken a long-term absence. It should also define in clear terms what length of time amounts to long-term sick leave and how it differs from short-term sick leave.
It is worth stating that capability dismissal can arise from long-term sickness, but only once you have exhausted all reasonable methods to support your employee returning to work. This kind of dismissal relates to an employer terminating a worker’s employment on the grounds that they are underperforming or are ‘incapable’ to fulfil their role. Where your employee has a long-term sickness, this course of action may be relevant. However, be cautious and consider your employee’s rights otherwise you risk claims of unlawful discrimination or unfair dismissal.
Understanding Your Employee’s Situation
Where an employee’s absence constitutes long-term sick leave under your policy, you must take reasonable steps to understand your employee’s circumstances. This will:
- help you to gauge how long they may be absent from work; and
- assist their return.
You might decide to hold meetings with employees during their absence. If so, your policy should state under what conditions these meetings may occur, such as after a specific number of absent days. In your sickness policy, you may obligate your employees to see an occupational health professional or doctor at your expense.
Evidence of Sickness in a Long-Term Sick Leave Policy
Your long-term sickness policy should clarify what evidence your employees must provide you with to prove their illness. For example, after seven days of sickness absence, your policy may state all employees must obtain a note from their doctor. Your staff should be aware that this is a requirement for them to access Statutory Sick Pay (SSP).
Separately, you cannot demand an employee supply evidence of their sickness for any absence of less than seven days.
As a matter of data protection, your policy should state that you will seek your employee’s consent when obtaining personal information and that the information will be kept confidential.
Staying in Touch
When your staff are on long-term sick leave, it is good practice to stay in touch with them. This will make their return to work easier as it allows you to:
- understand how they are feeling and if their illness has changed at all;
- involve them in your business; and
- inform your staff of any changes in their absence.
You should contact your employee regularly, and it is advisable to do so after 28 days of sickness initially and to make contact at a minimum every month.
Long-term Sick Pay and Other Entitlements in a Long-Term Sick Leave Policy
Your long-term sickness absence policy should also explain to your staff their entitlements when on long-term sick leave. At a minimum, you must provide an SSP of at least £95.85 per week for up to 28 weeks. Though, you are of course free to offer an enhanced long-term sick pay scheme.
You should also explain other elements, such as whether your employees:
- accrue holiday leave when on sick leave;
- can take holiday leave during sick leave; and
- have a right to appeal any capability dismissal.
Return to Work Procedures
When an employee on long-term sick leave returns to work after a period of leave you must take reasonable steps to facilitate a smooth return. For example, you may offer:
- a phased pattern to return to work;
- meetings when your employee returns to work; and
- resisting their role temporarily.
You should state what a phased return to work can look like for your business. This may include, for example:
- hours increasing gradually; and
- returning to work initially from home.
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Responsibilities of Managers
As an employer, you must ensure that any employees in management capacities abide by your firm’s sick policy as relates to the rights of the employees under their management. If they do not, an employment tribunal can hold your business liable if their conduct violates any of your employee’s rights related to long-term sick leave. This is the case even if you did not know about it.
Key Takeaways
You must have a clear and effective long-term sick policy for your business. The law requires you to make it clear to employees what your expectations of them are if they take long-term sick leave. A long-term sickness policy should include, for example, the conditions under which you can request evidence of their illness. Similarly, the policy should set out what the minimum sickness pay is and how your business will support them in returning to work once they are ready.
If you need help understanding what you should include in a long-term sick policy in England and Wales, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Long-term sick leave is when your employee has been absent from work for a lengthy time, usually four weeks over an eight-week period.
As an employer, you should have a long-term sickness policy to ensure consistency and to minimise the risk your business does not unlawfully discriminate or dismiss an employee for their illness.
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