Long-Term Sickness Absence: UK Employer Obligations Guide

Quick Answer: What is Long-Term Sickness Absence?

Long-term sickness absence is generally defined as a continuous period of absence lasting 4 weeks or more. Some organisations set the threshold at 2 weeks. There is no statutory definition, so employers should define it in their absence management policy.

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Employer Obligations During Long-Term Sickness

Statutory Sick Pay (SSP)

Employers must pay SSP to eligible employees from the 4th qualifying day of sickness for up to 28 weeks. Current rate is £118.75 per week (2025/26). After SSP is exhausted, the employee may claim Employment and Support Allowance (ESA) from the DWP.

Keeping in Touch

Maintain regular, sensitive contact with the employee. This is not about pressuring a return but about:

• Showing the employee they are valued
• Understanding the prognosis and likely return date
• Identifying any support the employer can provide
• Managing workload and planning for the team

The frequency should be agreed with the employee. Weekly or fortnightly is typical, adjusting based on the situation.

Occupational Health Referral

Refer to occupational health (OH) when:

• The absence exceeds 4 weeks with no clear return date
• The employee has a condition that may require workplace adjustments
• You need medical guidance on fitness to return
• The condition may constitute a disability under the Equality Act 2010

The OH report should address:

• The nature of the condition (without breaching medical confidentiality)
• Expected recovery timeline
• Whether the condition is likely to be a disability
• Recommended adjustments for a return to work
• Whether a phased return would be appropriate

Reasonable Adjustments

If the employee's condition meets the definition of disability under the Equality Act 2010 (a physical or mental impairment that has a substantial and long-term adverse effect on ability to carry out normal day-to-day activities), the employer has a duty to make reasonable adjustments.

Reasonable adjustments may include:

• Phased return to work (gradually increasing hours)
• Modified duties or workload
• Changes to the physical workspace
• Flexible working arrangements
• Additional breaks
• Redeployment to a suitable alternative role
• Time off for medical appointments

What is "reasonable" depends on the size and resources of the employer, the cost and practicability of the adjustment, and its effectiveness.

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Managing the Return to Work

Phased Return

A phased return gradually increases working hours over 2-6 weeks. Key considerations:

• Agree the schedule in advance (e.g. 3 days in week 1, 4 days in week 2, full-time from week 3)
• Decide whether the employee receives full pay or pro-rata pay during the phase
• Check whether occupational health has recommended specific restrictions
• Monitor progress and adjust the plan if needed

Return-to-Work Interview

Conduct a thorough return-to-work interview covering:

• How the employee is feeling
• Any ongoing treatment or appointments
• Workplace adjustments needed
• An agreed plan for the first few weeks back
• A follow-up meeting date

Ongoing Support

Long-term absence often requires ongoing support after the return:

• Regular check-ins for the first 3 months
• Flexibility for medical appointments
• Monitoring workload to prevent relapse
• Access to employee assistance programmes

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When Dismissal May Be Considered

Dismissal for long-term sickness is potentially fair, but only after following a thorough process:

1. Exhaust all alternatives: Adjustments, phased return, redeployment
2. Obtain medical evidence: OH report or specialist opinion on prognosis
3. Consult with the employee: Discuss the medical evidence and explore options
4. Consider the impact on the business: How the absence affects operations, colleagues, and customers
5. Follow a fair process: Written warnings are not appropriate for genuine sickness. Instead, hold formal review meetings explaining the situation
6. Allow the right to be accompanied: At any formal meeting
7. Provide the right of appeal: Against any decision to dismiss

Key Legal Risks

• Disability discrimination: Dismissing without considering reasonable adjustments
• Unfair dismissal: Failing to follow a fair process or dismissing too hastily
• Failure to make reasonable adjustments: Not exploring alternatives to dismissal
• Victimisation: Treating the employee unfavourably because they raised concerns about their treatment

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How Grove HR Supports Long-Term Absence Management

• Absence tracking with automatic SSP calculation and the 28-week limit
• Fit note reminders when medical evidence is due for renewal
• OH referral tracking with report storage and action plans
• Return-to-work templates with structured interview forms
• Bradford Factor exclusion for disability-related absences
• Manager alerts at configurable absence thresholds

Manage long-term absence effectively with Grove HR.