Sickness absence - return to work following an employee's sickness absence
If an employee submits a Statement of Fitness for Work in which their doctor advises that they may be fit for work, managers need to consider the advice given in relation to a phased return to work, altered hours, amended hours, amended duties or workplace adaptations.
The manager, in consultation with the employee, is best placed to make the decision as to whether they can accommodate any changes necessary to facilitate a return to work. However, if challenged, the manager must be able to demonstrate that the decision is fair and reasonable and provide a sound rationale/explanation for arriving at that decision.
The manager should meet with the employee on a one-to-one basis to discuss the advice, irrespective of whether the necessary changes can be accommodated. Depending on the circumstances, a telephone conversation may suffice rather than a meeting.
Any discussions and arrangements for the employee’s return to work including timescales etc. whether via the telephone or face-to-face should be confirmed in writing to the employee.
Every effort should be made to reach a consensus. If this is not possible, in the first instance, the manager should discuss the issues with the employee to find out why they believe they cannot return to work as there may be an aspect of their condition or the workplace that has not been considered. If no agreement can be reached on the employee’s fitness for work, managers should seek advice from the Government’s Fit for Work Scheme or Council’s Occupational Health Services and/or HR as appropriate. The manager consequently will have to exercise their judgement on how to proceed.
Any concerns regarding the doctor’s advice should be discussed with Fit for Work or Occupational Health.
If the employee has a condition covered by the Disability Discrimination Act, the manager must consider the requirement to make reasonable adjustments.
The manager should also carry out a risk assessment or stress risk assessment. In circumstances where the employee is represented by a trade union, it is good practice to carry out the assessment in consultation with the employee’s trade union representative.
The following are possible options identified on the Statement of Fitness for Work. These may also be options suggested by Occupational Health:
o Phased Return to Work
A doctor will recommend this where they believe the employee may benefit from a gradual increase in the intensity of their work duties or their working hours.
o Altered Hours
A doctor will recommend this where they believe that an employee will benefit from a change to the hours that they work, in order for them to return to work. This does not necessarily mean working fewer hours.
o Amended Duties
A doctor will recommend this where they believe an employee may be able to return to work if their duties are amended to take into account their condition.
o Workplace Adaptations
A doctor will recommend this where they believe an employee may be able to return to work if their workplace is adapted to take into account their condition.
8.1 Phased Reduction in Hours
• A phased reduction in hours should not (normally) be for a period of more than 6 weeks during which time the employee will receive their normal pay.
• If a longer period of phased reduction in hours is advised, after the initial 6 weeks, the employee’s pay will be reduced to reflect the hours that they work. The employee and HR should be notified of this reduction.
• If a much longer period of phased reduction in hours is advised, consideration should be given to whether the employee is actually fit to return to their role. Managers should discuss this further with Fit for Work or the Council’s Occupational Health Service.
• If a longer period of phased reduction in hours is advised or the number of hours worked advisable for the employee to work is unmanageable, and this cannot be accommodate within the service, the manager will need to consider whether the employee needs to be redeployed on a temporary or permanent basis. Advice should be sought from Fit for Work or the Council’s Occupational Health Service.
on the suitability of other work.
• During the period of the phased reduction in hours, the manager must ensure that the employee’s progress to return to their normal hours is monitored and further advice sought from Fit for Work or the Council’s Occupational Health Service, HR as appropriate.
8.2 Phased Amended Duties
• The arrangement for the employee to carry out amended duties should not normally exceed a period of 6 weeks.
• If the employee’s rehabilitation period extends beyond 6 weeks, managers should seek further advice from Fit for Work, the Council’s Occupational Health Service and HR.
• Managers should try to implement the measures advised by Fit for Work or the Council’s Occupational Health Service on the Statement of Fitness for Work wherever possible. However, this may not always be possible and will depend on the ability of the service to accommodate them.
• If managers are unable to accommodate the measures advised by Fit for Work or the Council’s Occupational Health Service or on the Statement of Fitness for Work, either due to the nature of the work or the needs of the service, the manager should meet with the employee as soon as possible to discuss this with them and explore alternatives. The manager will also need to inform Fit for Work or the Council’s Occupational Health Service immediately so that they can reconsider the advice given and seek advice from HR.
• If a longer period of amended duties is advised within the Statement of Fitness for Work, the manager should seek advice from Fit for Work or the Council’s Occupational Health Service.
• If a longer period of amended duties is advised by Fit for Work or the Council’s Occupational Health Service and the manager cannot accommodate this within the service, the manager will need to consider whether the employee should be redeployed on a temporary or permanent basis. Fit for Work or the Council’s Occupational Health Service should be notified and advice sought from them on the suitability of other work.
• During the period of amended duties, the manager must ensure that the employee’s progress to return to their full duties is monitored and further advice sought from Fit for Work, the Council’s Occupational Health Service or HR as appropriate.
8.3 Referral to Fit for Work Scheme or the Council’s Occupational Health Service
If there are concerns regarding the employee’s health/sickness absence, then the manager should refer to the employee to Fit for Work or the Council’s Occupational Health Service for advice.
Wherever possible, advice must be sought from Fit for Work or Occupational Health Services before progression to a Formal Sickness Absence Meeting.
8.4 Risk Assessments
Where an employee returns to work following a period of sickness absence, or where a manager is determining what action can be taken as a result of advice given on a Statement of Fitness for Work, managers will need to review the workplace risk assessment to see if it needs amending, as well as keeping it up to date.
A stress risk assessment may also be appropriate where an employee has been off sick as a result of stress. Managers should discuss the assessment with the employee and/or their trade union representative/work colleague.
Health and Safety Services can provide advice on how to complete a risk assessment.
8.5 Equality Act 2010
Fit for Work or Occupational Health Services may advise the manager that the employee’s health issues may be covered under the Equality Act 2010. The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.
This act places requirements on an employer to put in place reasonable adjustments to assist the employee to continue working. Sickness absence related to a disability may not be considered in relation to the trigger points for formal management action. Managers should treat employees with an ongoing condition as potentially covered by the Equality Act and to seek advice from HR.
8.6 Redeployment
If Fit for Work or the Council’s Occupational Health Services advise that the employee should be redeployed to a different role on a temporary or permanent basis, managers should seek advice from Fit for Work or the Council’s Occupational Health Services about the suitability of other work available and inform HR who will be able to facilitate the redeployment on medical grounds.