Managing Long Term Absence

This month we consider the challenges for managers and employers when managing long term absence.  All employees can be impacted with a condition or by a circumstance which results in a period of sickness absence from work.  However, we also know that long term sickness is on the rise, not least caused by NHS backlogs connected to chronic underfunding and still “hangovers” from the covid period.  In many occasions the situation is unavoidable, and the workplace may have little influence over the trajectory or duration.  However, that does not mean we cannot provide support to employees on these occasions, keep lines of communication open and maintain a focus on a potential return to work, if and when appropriate.

Below we look at some of the scenarios faced, and explore best practice.

Managing Long Term Absence FAQ’s

Q1) What is Long Term Absence (LTA) & why does it need Managed?

Long-term absence is usually defined as four weeks or more of continuous absence.

Despite the obvious need to manage an individual’s absence, that is with a view to get them back to work, there are more compelling organisational reasons.

Long Term Sickness absence is at an all-time high, and continues on an upward trend.

People Management report new data which reveals that 4 million people of working age in the UK are unemployed due to ill health, and that the number of people leaving the workforce due to a health condition is growing by 300,000 a year.

These are huge volumes of individuals and masses of talent which is therefore removed from the labour market.

Existing workforces are also under pressure.  Zurich UK, a leading insurance company and The Centre for Economics and Business Research (Cebr),  confirm that in the last year, 112.5m sick days have been taken by those with long-term conditions.  SMEs are hit the hardest, picking up 76% of the 2023 long-term sick bill totaling £24.7bn.  They also confirm that the number of workers with long-term health conditions has increased by 27% in the last six years to a record high of 10.3 million, that is 1 in every 3 workers.

All of the above signify an area of major concern for organisations, one which has big implications for businesses, with potential impacts on everything from productivity and profitability to recruitment, training, and retention.

Why does it need managed? We simply can’t afford not to manage it.

Q2) How often and how should I communicate with an employee during a period of LTA

NICE (National Institute for Health & Care Excellence) recommend that the organisation regularly keeps in touch with people who are ‘not fit for work’ during periods of sickness absence, including people with a chronic health condition or a progressive illness or disability.

Make contact as early as possible, and within 4 weeks of them starting sickness absence, depending on the circumstances.

When contacting the employee:

• Be sensitive to their individual needs and circumstances.
• Be aware that communication style and content could affect their wellbeing and decision to return to work.
• Ensure that they are aware that the purpose of keeping in touch is to provide support and help them return to the workplace when they feel ready.
• If an early referral to support services (for example physiotherapy, counselling or occupational therapy) is available through the organisation’s occupational health provider, discuss if this may be helpful.
• Discuss how they would like to be contacted in future, how frequently and by whom. If the line manager is not the most appropriate person to keep in touch, offer alternatives.
• Provide reassurance that anything they share about their health will be kept confidential, unless there are serious concerns for their or others’ wellbeing.

Organisations are also reminded to ensure that members of staff responsible for keeping in touch with people on sickness absence:

• Are aware of the need for sensitivity and discretion at all times
• Understand the organisation’s policies or procedures on managing sickness absence and returning to work
• Are competent in relevant communication skills and are signposted to and encouraged to use online or other resources and advice to improve these skills.

Q3) What about them returning to work?

Return to work is often managed as if it is a one-off event, but in reality, it is a (sometimes long and unpredictable) journey.  The CIPD (Chartered Institute of Personnel & Development) determine the guiding principles to follow when navigating the key steps to managing an employee’s effective return to work as:

1. Maintaining communication during absence.
2. Preparing for the return to work.

• Supporting the employee and manager during the immediate return.

1. Supporting the employee and manager on an ongoing basis after the return.

The role itself may need to be considered, is the employee capable of returning immediately to the same duties, might they need to return to adjusted duties, or complete a phased return?

Also, the employee may have been out of the workplace for a period of time, what other supports may they require to support the adjustment, such as refresher training, updates on organisational, system or process changes, or just regular check-ins.

A planned and managed return, to differing degrees, is always recommended.

Q4) What “small” mistakes might managers avoid;

• Not keeping up to date with sickliness / doctors notes – this can cause disagreements and issues with statutory and contractual sickness payments.
• Not maintaining regular and appropriate contact with employees on leave – resulting in a lack of understanding or offering of support, which can not only lead to issues during the absence, but also impact the on-going relationship upon employees return.
• Not keeping employees health information confidential and in line with statutory and in-house requirements relating to processing / sharing of information.

Q5) Real Life Examples

1. An employee on long term absence for heart investigations was seen out cycling, by his manager on the way to work. In such an occasion, we must resist the urge to assume the absence is not genuine.  For example, cycling maybe critical to either the investigations or indeed re-hab.  This is an example of when absence review meetings and appropriate communication / information sharing plays a key role.
2. An employee has 2 jobs, they work for you as a typist and are on long term absence as they have broken their wrist. However, you discover that they are continuing to work for their other employer, which is as an editor.  In such an occasion, we must resist the urge to assume the activity is fraudulent.  We must consider the differences in the respective roles, for example, It is allowable for an employee to claim SSP in one role whilst still working in another; provided they meet the eligibility criteria and their absence is genuine.  However, absence review meetings may also play a role here as there maybe reasonable adjustments which could be made to enable the employee to continue working for you in some capacity.
3. A high profile recent media case reported “Police officer constructively dismissed after being banned from running side hustle while off sick awarded £1.1m by tribunal.”

Occupational health had previously recommended the employee be permitted to set up their own party planning business in their spare time, as a positive outlet for their mental health, which they had known historic issues with.  This was approved by the organisation.

However, the employee’s mental health worsened, in direct correlation with incidents involving their work with child sexual exploitation and child drug exploitation.  Subsequently, they went on sick leave and the previously awarded permission was revoked by the employer.    In justifying this decision the employer stated;  “My opinion about this is made on an ethical level rather than medical opinion. I feel it is unsuitable to be running an active business while unable to fulfil your obligations to your employer.” 

The judge in this particular case found that not only was the treatment of the employee discriminatory as it failed to take account of their condition as a disability, and make appropriate adjustments or considerations.  But the withdrawal of the claimant’s business interest permission was not a proportionate means of achieving legitimate aims, as the organisation failed to attempt to speak with the claimant or obtain up to date medical advices before removing the permissions.

These examples demonstrate the complexities and intricacies of each individual case and indeed the impacts of getting it wrong.  Rarely does long term absence follow a predictable course, nor are any two cases the same.

If you need any support with Managing Long Term Absence, do reach out to us.