Managing employee sickness absence is an essential part of a people manager’s role. When done correctly, it can help support employees while also maintaining productivity and morale within the team. Whether dealing with frequent short-term absences or long-term sickness, managers must ensure they comply with current UK employment legislation and should follow best practice.
Understanding the legal framework
In the UK, employee sickness absence is governed by various employment laws, including the Equality Act 2010, Employment Rights Act 1996, and Statutory Sick Pay (SSP) regulations. Managers must be aware of these legal requirements to avoid potential legal risks and ensure fairness for all employees.
- Statutory Sick Pay (SSP): Provided they meet the eligibility criteria, employees are entitled to SSP if they are off work for four or more consecutive days due to illness, and it can be paid for up to 28 weeks. Employees must provide evidence of their illness once they have been absent for more than 7 consecutive days, and this is normally done through the provision of a Fit Note from the employee’s GP, or a specialist letter.
- Sick Leave Policy: Employers should have a clear sick leave policy that outlines the procedures for reporting sickness, providing evidence, the process for returning to work, and how absence will be monitored. This policy should be communicated to all employees to ensure transparency.
- Disability Discrimination: Under the Equality Act 2010, an employee’s illness may qualify as a disability if it has a long-term and substantial impact on their ability to carry out normal daily activities. In such cases, employers are required to make reasonable adjustments to support the employee, including adjustments to work duties, hours, or the physical work environment.
Managing frequent short-term absence
Frequent short-term sickness absence is one of the most challenging aspects of people management. It can disrupt team performance and lead to higher workloads for colleagues. Here are some ways to manage short-term absences effectively:
Monitor absence patterns
Keep accurate records of all sickness absences. Look for patterns, such as recurring illnesses or specific times of the year, which could indicate underlying health issues or personal problems. A consistent absence pattern can help managers spot potential problems early and take appropriate action.
Maintain open communication
Ensure open lines of communication with the employee. Speak with them regularly, especially after a period of absence, to understand the reasons behind their sickness and to express concern. It’s essential to demonstrate empathy and create a supportive and confidential environment, as this will encourage employees to communicate more openly.
Offer support
Consider whether any adjustments or accommodations could help reduce frequent absences. For example, offering flexible working hours or allowing employees to work from home may help alleviate stress or health issues that contribute to frequent sickness. Be proactive in offering assistance rather than waiting for employees to request it.
Use return-to-work interviews
Return-to-work interviews after short-term absence are a valuable tool for addressing any concerns about patterns of sickness absence. These interviews help to ensure employees are fit to return to work, while also allowing managers to identify any underlying issues and offer additional support or adjustments.
Set clear expectations
Managers should set clear expectations regarding sickness absence, including how many days of absence are acceptable before a sickness absence review is considered. This should be outlined in the employee handbook or sick leave policy to ensure everyone understands the process.
Managing long-term sickness absence
Long-term sickness absence, generally defined as any absence lasting more than four weeks, presents different challenges. Managers must handle these cases with care to ensure compliance with employment laws while supporting the employee’s well-being.
Engage in ongoing communication
For long-term sickness, regular communication is crucial. Ensure that the employee is kept in the loop regarding any changes in the workplace, while also checking in on their condition. It is important to balance support with a clear understanding of when they might be able to return to work. Employees are expected to remain in contact and provide updates about their symptoms and likely return to work, and expectations about this should be contained within the sick leave policy.
Obtain medical evidence
If the sickness is prolonged, you may need to refer the employee to occupational health. An occupational health assessment can provide expert advice on the employee’s fitness to return to work. This will also include what adjustments might be needed, and any potential risks to the employee’s health or safety. Check your contracts to ensure that there is a clause which enables you to do this. Employees should provide medical evidence via Fit Notes or a specialist letter to cover the entire period of absence.
Consider reasonable adjustments
Under the Equality Act 2010, if an employee’s illness qualifies as a disability (as defined above), you must explore reasonable adjustments to support their return to work. This could include modifications to their role, altered working hours, or other adjustments to facilitate their return to work.
Maintain fairness and consistency
It is important to handle all long-term sickness cases fairly and consistently. Managers should avoid making assumptions or discriminating against employees based on their illness. Each case should be assessed individually, but the same policies and procedures should apply to everyone.
Implement a clear return-to-work plan
Once the employee is ready to return to work, create a structured plan for their reintegration. This might include a phased return to work, where the employee works part-time initially and gradually increases their hours. The return-to-work plan should be developed in consultation with the employee, ensuring it’s realistic and tailored to their needs.
Key takeaways
- Keep accurate records of absences and look for patterns
- Ensure open communication and offer support for both short-term and long-term illness
- Be aware of your legal obligations, including SSP and reasonable adjustments for disabilities
- Use return-to-work interviews to address concerns and support employees
- Ensure consistency and fairness in managing sickness absence
By taking a structured and empathetic approach to managing sickness absence, people managers can help create a supportive work environment. This will foster productivity and employee well-being. If you need support in developing a sick leave policy, or need specific advise about an employee’s sickness absence, get in touch.
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