What an Employer Needs to Know When Staff Are on Long-term Sick Leave in England

Running a business can be particularly tricky when you have employees off work on sick leave. Where your employee’s sick leave amounts to long-term sick leave, there are multiple considerations you will need to make. Ultimately, long-term sick leave is a sensitive area, so you must carefully manage your employees’ leave and understand the rules about what you should do. This article will explain what you need to know about when your staff are on long-term sick leave. 

What is Long-term Sick Leave? 

Sick leave is when your employee takes time away from work due to being unwell. Where your employee is off work on sick leave for four weeks or more, they are on long-term sick leave. However, some businesses have varying definitions of what long-term means where they deem it to be, such as:

• eight days or more of consecutive sick leave; or
• a significant health issue that requires an operation or a long recovery time.

Therefore, you must clarify what you consider long-term sick leave in your business policies.

What is a ‘Fit Note’?

Where your employee has been sick for more than seven days, you can require them to provide you with proof that they are unwell. That is to say, your employee should provide you with a ‘fit note’ otherwise known as a ‘sick note’. Notably, the seven days include any non-working days, such as weekends.

A fit note in these circumstances is free, and your employee can get it from a GP or hospital doctor. You can also accept other forms of similar documents from a physiotherapist, podiatrist, or occupational therapist. 

How to Manage Long-term Sick Leave

As part of managing long-term sick leave, you should have a business policy regarding sick leave that details how you deal with leave. Where you have a robust policy in place, you are less likely to face tribunal claims and more likely to welcome employees back to work. 

You should also keep clear and accurate records of when employees are sick. When you are aware that your employee is going to be on long-term leave, you should formally meet with them to establish:

• when they may return to work;
• how you may support them on their return and in returning; and
• if you can offer them alternative ways of working to support them.

When your employee is on long-term leave, you should regularly keep in touch with them. Regular contact enables you to:

• check how they are doing;
• update them on what is going on in the workplace; and
• see if you can support them in any way.

Can You Dismiss an Employee on Long-term Sick Leave?

You can dismiss your employee who is on long-term sick leave. However, you should only dismiss them as a last resort. If you consider dismissing your employee, you should first:

• ask your employee when they think they may be able to return to work if they believe their health will improve; and
• consider alternative ways your employee may be able to return to work, such as by offering flexible working patterns or changing the nature of their role to make it less stressful.

Nevertheless, if you decide to dismiss the person on capability grounds, you should follow a reasonable procedure for dismissal. If you fail to do so, you could face an employment tribunal for unfair dismissal and potentially a discrimination claim. 

Key Takeaways

When you have staff on long-term sick leave, you must manage the situation with care. Your aim should be to assist your employee back to work where and when they can. This may require you to adjust their role, such as the nature of it, or change their way of working, such as introducing flexible working. When your employees are on long-term leave, you should communicate regularly with them. As a last resort, you may dismiss your employee but must follow a reasonable process, or you could face employment tribunal claims for unfair dismissal or discrimination. 

If you need help understanding what you need to know when staff are on long-term sick leave in England, 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. So call us today on 0808 196 8584 or visit our membership page.

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