Managing Sickness Absence: Employer's Guide

Managing sickness absence requires balancing employee support with business needs. Here's how to handle it fairly and legally.

The Framework

Your approach should cover:

1. Reporting - How employees notify you of absence
2. Certification - Self-cert, fit notes
3. Contact - Maintaining appropriate contact
4. Return - Return-to-work process
5. Patterns - Addressing concerning patterns
6. Long-term - Managing extended absence
7. Dismissal - When and how (as last resort)

Absence Reporting

Your Policy Should Require

• Who to contact: Manager or HR
• When: Before start time or within X hours
• How: Phone call preferred (not text)
• What: Nature of illness, expected return
• Updates: How often to provide them

First Day of Absence

• Record the absence
• Note reason given
• Arrange cover if needed
• Send "hope you feel better" message
• Note expected return date

Certification

Self-Certification (Days 1-7)

For absences up to 7 calendar days:

• Employee self-certifies
• No medical evidence required
• Complete self-certification form on return

Fit Notes (Day 8 Onwards)

For absences over 7 days:

• GP issues fit note
• States "not fit for work" OR "may be fit for work"
• If "may be fit" - suggests adjustments
• You must consider the adjustments suggested
• Keep fit notes on file

Fit Note Options

Category	What It Means
Not fit for work	Cannot work at all currently
May be fit for work	Could work with adjustments

Possible adjustments on fit note:

• Phased return
• Amended duties
• Altered hours
• Workplace adaptations

Maintaining Contact

During Short-Term Absence

• Welfare check after 2-3 days
• Keep it supportive, not intrusive
• Ask if they need anything
• Confirm expected return

During Long-Term Absence

• Agree contact frequency with employee
• Regular welfare calls (e.g., weekly)
• Keep them informed about work
• Discuss likely return timeline
• Explore support needed

Contact Tips

Do:

• Be genuinely supportive
• Listen to their concerns
• Ask how you can help
• Respect their preferences
• Keep records of contact

Don't:

• Make them feel pressured
• Discuss detailed work issues
• Make them feel guilty
• Contact too frequently
• Forget about them

Return-to-Work Interviews

Hold a return-to-work conversation after every absence:

Purpose

• Welcome back
• Check they're well enough to return
• Identify any support needed
• Discuss any patterns
• Update on what they've missed

Questions to Ask

• Are you feeling better?
• Is there anything we should know?
• Do you need any adjustments?
• Is there anything work-related that contributed?
• How can we support you?

Documentation

• Record the conversation
• Note any concerns raised
• Document any adjustments agreed
• Both parties sign

Short-Term Absence Management

Monitoring Patterns

Track absence levels to identify:

• Frequent short absences
• Monday/Friday patterns
• Patterns around holidays
• Recurring issues
• Comparison to team/company average

Trigger Points

Consider setting review triggers:

• X instances in Y months
• X days in Y months
• Patterns (same day each week)

Important: Triggers prompt review, not automatic action. Always investigate before taking steps.

Absence Review Meeting

If triggers are hit:

1. Inform the employee of the meeting
2. Review the absences - dates, reasons, patterns
3. Explore causes - underlying issues, work factors
4. Discuss impact - on team, business
5. Consider support - OH referral, adjustments
6. Set expectations - improvement needed
7. Agree plan - review period, support measures
8. Document - record the discussion

Escalation

If absence continues:

• Further review meeting
• Formal warnings (following your procedure)
• Continued monitoring
• Possible capability process
• Dismissal as last resort

Long-Term Absence Management

Long-term absence (usually 4+ weeks) needs a different approach.

Gathering Information

• Regular welfare contact
• Fit notes
• Employee's view of prognosis
• Occupational Health referral
• GP report (with consent)

Occupational Health Referral

OH can advise on:

• Nature of condition
• Likely duration of absence
• Whether they can return
• What adjustments would help
• Phased return recommendation
• Future prognosis

Questions for OH

• What is the likely return to work date?
• Will they be able to return to their role?
• What adjustments would facilitate return?
• Are there duties they couldn't do?
• Is the condition likely to recur?
• Is it a disability under the Equality Act?

The Decision Points

At various stages, consider:

Can they return to their job?

• With adjustments? Make them.
• Without adjustments? When?

If not to their job:

• Alternative role available?
• Redeployment possible?

If no return foreseeable:

• Ill-health retirement?
• Dismissal on capability grounds?

Phased Returns

Common after long-term absence:

How It Works

• Start with reduced hours
• Gradually increase over weeks
• Possibly reduced duties initially
• Regular review of progress

Example Phased Return

Week	Hours	Duties
1	50%	Light duties only
2	60%	Most duties
3	75%	Normal duties
4	100%	Full return

Pay During Phased Return

• Full pay for hours worked
• SSP or company sick pay for hours not worked
• Or full pay (your choice/policy)

Disability Considerations

When Absence Is Disability-Related

If the condition qualifies as a disability:

• Must make reasonable adjustments
• Can't treat less favourably because of disability
• Disability-related absence may need to be discounted
• Higher threshold for dismissal

Adjustments Might Include

• Extended time off
• Flexible return
• Modified duties
• Different role
• Modified triggers/procedures

Before Dismissing

If considering dismissal of someone with a disability:

• Explore all reasonable adjustments
• Get OH advice on prognosis
• Consider redeployment
• Document your considerations
• Take legal advice

Dismissal for Sickness Absence

Dismissal may be fair if:

• You've followed fair procedure
• You've gathered medical evidence
• You've consulted with the employee
• You've considered adjustments
• No reasonable prospect of return
• You've explored alternatives
• Business can't continue to wait

Fair Process

1. Get up-to-date medical evidence
2. Meet with the employee to discuss
3. Consider their representations
4. Explore alternatives (adjustments, redeployment)
5. Allow them to be accompanied
6. Give your decision in writing
7. Offer right of appeal

Notice and Pay

Even when dismissing for capability:

• Full notice period applies
• Or pay in lieu of notice
• Any outstanding holiday pay
• Consider enhanced terms

Record Keeping

Maintain records of:

• All absences (dates, reasons, duration)
• Certification received
• Contact during absence
• Return-to-work interviews
• Medical evidence
• OH reports
• Meetings and outcomes
• Adjustments made

Keep for at least 6 years after employment ends.

Policy Essentials

Your sickness absence policy should cover:

• Reporting procedures
• Certification requirements
• Sick pay entitlement (SSP and any enhancement)
• Contact expectations
• Return-to-work process
• Medical appointments
• Trigger points and review process
• Long-term absence procedure
• Confidentiality

Common Mistakes

1. Ignoring Absence

Small problems become big ones. Address patterns early.

2. No Procedure

Inconsistent handling creates unfairness and legal risk.

3. Dismissing Too Quickly

Especially for long-term absence - explore all options first.

4. Ignoring Disability

Failure to adjust for disability-related absence is discrimination.

5. No Medical Evidence

Making decisions without proper medical input is risky.

6. Losing Touch

Employees on long-term absence can feel forgotten. Stay connected.