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Return to work after sickness

Inevitably, members of staff will have time off sick. This can vary in periods of time, which can severely hinder the productivity of that not only that employee’s workflow but other team members.

Therefore, it is essential for a robust policy to be in place to follow when they are returning to work after a sick day or period to allow them to start back strongly.

There are steps you should take whenever an employee returns from a period of sickness absence. Following these steps will ensure that you are supporting your employees while protecting your business.

In this article, we’ll take a look at the process and various scenarios your business could encounter.


The importance of a good return to work policy

People can find it hard to return to work after extended periods of absence, which can lead to reluctance to come in after long term sickness even if they are able to work or reduced productivity when they do return.

Having a policy in place allows both the employer and the employee to feel comfortable with their return.


Return to work after sickness & employment law

While there are business reasons for you to have policy in place, there are also legal ones. There are several employment laws on return to work after sickness, including:

  • Equality Act 2010

  • The Employment Rights Act

  • The Health & Safety at Work etc Act

These laws dictate the procedure you should follow. They also tell you that you need to have policies and procedures on managing sick leave. If you haven’t got these already, you need to develop them in consultation with your staff or their representatives.

Return to work after sickness law also dictates several other obligations, these include:

  • Training managers on sick leave and return to work

  • Keeping in contact with workers who are off sick

  • Having to consider workplace adjustments to help workers return to work

  • Get professional advice on issues such as fitness to work

Return to work interviews

This type of meeting is a common practice in many businesses.

There’s a reason for this — it’s highly effective at managing sickness absence. Here’s how it works:

You send a return to work after sickness email to the employee inviting them to an interview. Depending on the circumstances, you can conduct the interview via video call or in person.

Within the meeting, you should ask questions such as:

  • How are you feeling now?

  • Do you feel well enough to be back in work?

  • Have you seen your GP about the issue?

  • Is this an ongoing or recurring condition?

  • Are there any adjustments that could help with your attendance?

It’s important that you follow the same format for every return to work interview. It’s also important that you don’t put pressure on the employee or make them uncomfortable. Finally, unless you have very solid evidence, you shouldn’t challenge the validity of their absence.

If you handle the interview poorly, you could face a case of constructive dismissal. Or, if you handle two separate interviews differently, you could face discrimination at work claims. Done well, however, they will help you manage and reduce staff sickness absence.

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