Keeping in touch with employees on long-term sickness absence
Long-term sickness absence may be challenging for a number of reasons. There might be an additional cost, to provide appropriate cover for the absent employee. There could be an impact on the rest of the team. There is also uncertainty about whether the employee is likely to return to work, and if they do, whether they can fulfil their previous duties.
In some circumstances, the employee might also be classed as a disabled person within the meaning of the Equality Act 2010. This means extra care should be taken to avoid liability.
To help mitigate these risks, it is important to keep in touch with absent employees.
‘Keeping in contact with an employee on long-term sickness absence is crucial for effective absence management,’ explains Sam Welham, an Associate Solicitor in the Employment Team at Barker Gotelee LLP. ‘But doing so can be challenging for HR and managers, who have to deal sensitively with an unwell employee, while safeguarding the employer’s interests.’
Sam Welham outlines the practical and legal implications of keeping in touch with a sick employee.
Benefits of keeping in touch during sickness leave
There are a number of reasons to keep in contact with an employee who is off sick long term.
First and foremost, it keeps the lines of communication open. This makes it easier to tell the employee about any important changes, such as a reduction in sick pay.
Secondly, it makes it easier to keep up to date with the employee’s condition, and when they are likely to return to work. This might help to manage the employees work in their absence.
Thirdly, it helps to keep the employee updated on any significant developments, or announcements at work. This reduces the risk of the employee feeling isolated, or left behind. This can make a return to work less daunting.
Finally, it provides an opportunity to discuss support, occupational health advice, and adjustments that could help the employee return to work. With the right type of support in place, the employee might be able to return to work sooner, rather than later.
How often should we be in contact?
There are no legal requirements about the frequency of contact. What is appropriate varies from case to case. The cause of the absence and the anticipated recovery time are both factors to consider.
In particular, you should take care to avoid overwhelming an employee who is feeling stressed by work.
You should avoid intrusive or overbearing contact, or behaviour that might cause distress. Ideally, at the start of sickness absence, you should try to agree with the employee the method of keeping in contact, and the frequency for doing so.
It can be helpful to set down guidelines in a policy. We can help you put in place a policy which gives practical support to managers.
Where should meetings take place?
You should give thought about where the meeting takes place, and this issue should be discussed with the employee. In particular, you should consider whether to hold the meeting in person, or remotely.
If the meeting is going to take place in person, you should consider whether it would be best to have it at the employee’s home, or in a neutral (but less private) location, such as a café. You should also consider whether there are times of the day that should be avoided, due to the employee’s health condition, medical appointments, or family members being at home.
What should you discuss at a health and wellbeing meeting?
Relevant issues to discuss include:
- an update on the employee’s health;
- any ongoing treatment;
- when the employee believes they may be well enough to return to work;
- what support might get the employee back to work; and
- what support the employer could offer the employee during their absence that could help them recover.
Managers should keep a note of the meeting. 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
There may be occasions when the employee says their absence has been caused by their working environment. For example, the employee might say they are off sick because they have been bullied, or over worked. In these circumstances, the employee may not welcome contact. At worst, making contact might aggravate the situation and result in a legal claim.
We can advise you on ways to minimise the risk. For example, it may be possible to agree a minimal level of contact to take place by email. Where possible, contact should not be with anyone the employee says has contributed to their sickness absence.
How we can help
We can advise how to sensitively manage any any sickness absence. This includes practical advice on absence management, and how managers should keep in contact.
For further information and assistance, please contact Sam Welham in our Employment Team on 01473 617348 or email [email protected]
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.
