Long-term sickness absence can be challenging for employers in a number of ways: the financial costs associated with covering the absent employee’s duties; the impact on the rest of the team who may have to take on additional workload; and the uncertainty about if and when the employee will return to work. If the employee has a long-term condition, they may well be protected under the Equality Act 2010 as a disabled person, which means particular care should be taken to avoid discrimination liabilities.
Employers must ensure they deal with the employee supportively and appropriately, but what does this mean in practice?
‘Keeping in contact with an employee on long-term sickness absence is crucial for effective sickness absence management,’ explains Patrick Glencross a Senior Solicitor in the employment team with Furley Page. ‘However, it can be challenging for line managers to strike a balance between dealing with an unwell employee sensitively and safeguarding the employer’s interests.’
Patrick Glencross outlines the benefits of contact, what a health and wellbeing meeting involves, and how to approach circumstances where an employee does not want to be contacted.
Benefits of keeping in touch during sickness absence
Employers should maintain regular communication with an employee on long-term sickness absence to ensure the timely submission of regular fit notes and to keep them informed of any changes to their sick pay. In addition, employers should also have regular health and wellbeing meetings with employees on long-term sickness absence. These communications have a number of benefits and functions:
- appropriate contact should help the employee feel valued and that they have not been forgotten;
- it keeps the employee updated on any significant developments and announcements at work, and it should reduce the risk of the employee feeling isolated or left behind which in turn helps make their return to work less daunting;
- it keeps the employer up to date with changes in the employee’s health, which helps give an indication of when the employee may return to work for purposes of arranging cover and managing their absence, and helps to put together a return to work plan; and
- it provides an opportunity to discuss support, occupational health advice, and adjustments that could help the employee return to work.
How often should we be in contact?
There are no legal requirements on how often an employer should contact or hold health and wellbeing meetings with employees on long-term sickness absence. What is appropriate will vary from case to case, depending on factors such as the cause of the sickness absence or if the employee has an anticipated recovery time. In particular, employers should take care to avoid overwhelming an employee who is feeling stressed by work. Although employers should remain flexible, we recommend agreeing the frequency of meetings with the employee during the early stage of their absence.
Managers may find it helpful to implement guidelines in a policy. We can provide you with a policy that gives practical support to managers.
Where should meetings take place?
Thought should be given to the arrangements for the meeting and these should be discussed with the employee. For instance:
- whether it will be held online or remote;
- any preferences for the meeting to be held in a private setting;
- times of the day that should be avoided due to their health condition or family members being at home; and
- any additional support which the employee may have at the meeting, such as the attendance of a family member.
Who will be in contact?
It may be important for an employer to inform the employee of who will maintain regular contact with them during their long-term sickness absence.
This could include:
- their line manager;
- another manager;
- a member of HR; or
- any other senior staff.
Clarity of this can help make an employee more comfortable and assist the employer in maintaining a good rapport regarding their progress.
What should we discuss at health and wellbeing meetings?
Your absence management policy may provide guidance on the agenda. Health and wellbeing meetings need to be handled sensitively.
Issues relevant to managing their absence include:
- an update on the employee’s health;
- any treatment they are receiving;
- when they think they may be well enough to return to work;
- what support could help get them back to work; and
- what support the employer could offer the employee during their absence that could help them.
Managers should keep a note of the meeting and it may be appropriate to follow up with an email to the employee, confirming the discussion and any next steps.
The employee who wants to be left alone
An employee who is off sick due to work-related stress, or who alleges that they have been bullied at work, may not welcome contact from their employer. At worst, this could result in allegations and claims of disability discrimination or for harassment related to disability.
We can advise you on ways to minimise the risks and strike the right balance between the employer’s and the employee’s needs. For example, it may be possible to agree a minimal level of contact with the employee by email, rather than in person. Where possible, contact should not be with anyone the employee says has contributed to their sickness absence.
How we can help
Our experienced employment lawyers can advise you on sensitively and effectively managing contact during sickness absence, and on ensuring that you stay the right side of the law. We can provide a practical absence management procedure that gives line mangers helpful guidance on keeping in contact.
For further information, please contact Senior Associate, Patrick Glencross, on 01227 763939.
Please note: This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
