{"id":176776,"date":"2022-10-11T18:02:08","date_gmt":"2022-10-11T17:02:08","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=176776"},"modified":"2022-10-26T05:35:54","modified_gmt":"2022-10-26T04:35:54","slug":"here-are-five-key-terms-often-found-in-a-standard-long-term-sick-leave-policy","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/employment\/here-are-five-key-terms-often-found-in-a-standard-long-term-sick-leave-policy\/","title":{"rendered":"Key Terms to Include in a Long-Term Sick Leave Policy in England"},"content":{"rendered":"

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<\/a> or unfair dismissal claim<\/a>.\u00a0<\/p>\n

What is Long-term Sick Leave?<\/h2>\n

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.\u00a0<\/p>\n

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.\u00a0<\/p>\n

What Should a Long-term Sick Policy Contain?<\/h2>\n

It is essential to ensure that your long-term sickness policy is clear and takes certain steps to ensure the workplace facilitates an employee\u2019s smooth return. A well-drafted long-term sickness policy should help limit the effect long-term sick leave can have on your business\u2019 productivity.\u00a0<\/p>\n

The following section details key terms and issues your policy should address.<\/p>\n

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Scope and Purpose of the Policy<\/h3>\n

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.\u00a0 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.<\/p>\n

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\u2019s employment on the grounds that they are underperforming or are \u2018incapable\u2019 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\u2019s rights otherwise you risk claims of unlawful discrimination or unfair dismissal.<\/p>\n

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Understanding Your Employee\u2019s Situation<\/h3>\n

Where an employee\u2019s absence constitutes long-term sick leave under your policy, you must take reasonable steps to understand your employee\u2019s circumstances. This will:<\/p>\n