Understanding Long-Term Sickness Absence

At HKKLAW, we understand that managing long-term sickness absence presents significant challenges for both employees and employers.

For personalised advice and support, employees facing long-term sickness absence challenges are encouraged to contact HKKLAW. We are committed to ensuring that employees are supported through their absence and facilitated in their return to work, with their rights fully protected.

For employers, we provide clear, practical advice to manage long-term sickness absence responsibly, ensuring compliance with UK law while fostering a supportive workplace culture.

Whether you are an employee facing the challenges of long-term sickness absence or an employer seeking to understand your legal obligations and best practices, HKKLAW is here to help. Our expertise in employment law enables us to offer tailored support, guiding you through the intricacies of sickness absence management with confidence.

HKKLAW is deeply committed to protectingand upholding the rights of employees and guiding employers in fostering fair, lawful and supportive work environment.

Introduction to Long-Term Sickness Absence

Long-term sickness absence is typically defined as a period of continuous absence due to illness lasting more than four weeks. It can be challenging for both the employee affected and the employer, impacting productivity, morale and potentially leading to disability discrimination claims if not managed appropriately.

This guidance note outlines key considerations and best practices for handling long-term sickness absence, balancing the needs of the business with the rights of the employee.

When facing a long-term sickness absence from work, it’s crucial for employees to understand their rights and the steps they can take to manage their situation effectively. Under UK law, employees have specific protections and entitlements designed to support them during periods of illness.

Guidance for Employees on Managing Long-Term Sickness Absence

Navigating long-term sickness absence can be challenging for employees, impacting not only their health but also their employment and financial stability. Understanding your rights and the steps you can take to manage your absence effectively is crucial. This section provides guidance for employees dealing with long-term sickness absence. Under UK law, employees have specific protections and entitlements designed to support them during periods of illness.

Understanding Your Rights and Entitlements

Under UK employment law, you have several rights when dealing with long-term sickness absence:

• Statutory Sick Pay (SSP): You are entitled to SSP for up to 28 weeks if you meet the eligibility criteria. Some employers may also offer company sick pay, which can be more generous than SSP.
• Protection from Discrimination: If your illness qualifies as a disability under the Equality Act 2010, you are protected against discrimination, and your employer must make reasonable adjustments to facilitate your return to work.
• Right to Time Off: You have the right to time off for medical appointments and treatments related to your condition.

1. Statutory Sick Pay (SSP): Most employees are entitled to receive SSP for up to 28 weeks of absence due to illness. Check your employment contract for any additional company sick pay entitlements.
2. Protection from Discrimination: If your illness qualifies as a disability under the Equality Act 2010, you are protected against discrimination. This includes the right to reasonable adjustments to facilitate your return to work.
3. Right to a Fair Process: If your employer is considering dismissing you due to long-term illness, they must follow a fair process. This includes consulting with you, considering medical evidence and exploring reasonable adjustments or alternative employment options.

Steps to Take During Long-Term Sickness Absence

1. Notify Your Employer:Inform your employer as soon as possible about your sickness absence, following their reporting procedures. Keep them updated on your condition and expected duration of absence.
2. Obtain Medical Evidence: Keep regular appointments with your GP or specialist and follow their advice. Provide your employer with medical evidence of your illness, such as a fit note from your GP. This is essential for receiving SSP and for your employer to understand your condition.
3. Stay in Communication:Maintain regular contact with your employer. This helps manage expectations on both sides and allows you to be involved in discussions about your return to work.
4. Engage in Discussions About Adjustments: If you feel that certain adjustments to your role or working conditions could help you return to work, discuss these with your employer. Reasonable adjustments might include flexible working hours, changes to your duties, or physical modifications to the workplace.
5. Consider a Phased Return to Work: A phased return to work can be an effective way to ease back into your role. This might involve starting with reduced hours or lighter duties and gradually increasing your workload.
6. Understand Your Options: If returning to your previous role is not feasible, consider discussing alternative roles or employment options with your employer.
7. Seek Support: Consider seeking support from occupational health services, if available, or external support groups and charities. They can offer valuable advice and support for managing your condition and rights. If your absence relates to mental health, access support services such as counselling or therapy, which may be offered by your employer or available through the NHS.
8. Know Your Options: Understand your rights regarding dismissal and redundancy. If you are unable to return to work, explore all options, including ill-health retirement or negotiating a settlement agreement, if applicable.

Managing a long-term sickness absence can be challenging, but understanding your rights and maintaining open communication with your employer are key to navigating this period. This requires open communication and collaboration between you and your employer. Remember, it is in both your and your employer’s interest to manage your absence effectively and support your return to work when possible.

By understanding your rights and actively engaging in the process, you can work towards a positive outcome that supports your health and employment. Remember, if you face difficulties or feel your rights are not being respected, seeking legal advice can provide clarity and support.

Navigating Long-Term Sickness Absence: Guidance for Employers

Legal Framework

Under UK law, employers have duties under the Equality Act 2010, the Employment Rights Act 1996, and health and safety legislation to support employees on long-term sick leave.

Employers have several duties towards employees on long-term sick leave, including:

• Duty of Care: Ensuring the health, safety and welfare of employees.
• Disability Discrimination: Under the Equality Act 2010, long-term illness may constitute a disability if it has a substantial and long-term effect on the employee’s ability to perform day-to-day activities. Employers must avoid discrimination and make reasonable adjustments for disabled employeesto support the employee’s return to work.
• Data Protection: Employers must handle sickness records sensitively and in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
• Sick Pay: Employees may be entitled to Statutory Sick Pay (SSP) for up to 28 weeks, and possibly additional company sick pay, depending on the terms of their employment contract.
• Fair Dismissal: If dismissing an employee due to long-term illness, employers must follow a fair process and consider whether any reasonable adjustments could enable the employee to return to work.

Best Practices for Managing Long-Term Sickness Absence

1. Early and Regular Communication: Maintain open and empathetic communication with the absent employeeto understand their condition, expected duration of absence and any support they may need. Such regular contact can help manage expectations and support the employee’s wellbeing.
2. Obtain Medical Advice: Seek medical advice(with the employee’s consent) to understand the employee’s condition and prognosis and any adjustments that could facilitate a return to work. This may involve obtaining reports from the employee’s GP or arranging an independent medical examination.
3. Make Reasonable Adjustments: Consider reasonable adjustments to the employee’s role or working conditions that could facilitate a return to work, such as flexible hours, changes to duties and/or working hours, providing special equipment  or physical workplace adjustments if the employee’s condition qualifies as a disability.
4. Sickness Policy: Ensure there is a clear sickness absence policy that outlines procedures for reporting sickness, obtaining medical evidence and the steps the company will take to support a return to work.
5. Develop a Return to Work Plan: Develop a phased return-to-work plan in consultation with the employee and their medical advisors, if appropriate. This may include part-time working, temporary adjustments to duties, or other supportive measures to ease the transition back to work.
6. Review Employment Policies: Ensure sickness absence policies are up to date and clearly communicated to all staff. Policies should outline procedures for reporting sickness, keeping in touch during absence and returning to work.
7. Training for Managers: Provide training for managers on handling long-term sickness absences, including how to communicate effectively, respect confidentiality and implement reasonable adjustments.
8. Consider the Impact on the Team: Manage the impact of long-term absence on the rest of the team, balancing support for the absent employee with the ongoing needs of the business.
9. Handle Dismissal with Care: If dismissal becomes a consideration, ensure that all other options (such as adjustments and redeployment) have been thoroughly explored. Follow a fair and documented process, including consultation with the employee and consideration of medical evidence and ensure the process is handled fairly, in line with legal requirements and company policy.

Managing long-term sickness absence requires a careful, informed approach that respects the rights of employees while considering the needs of the business. Employers should aim to support employees through their absence, facilitate their return to work, and ensure compliance with UK employment law. Employers should approach each case individually, with a focus on communication, support, and flexibility.