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It has been found that an early return to work after a period of sickness improves both mental and physical recovery, but this needs to be managed properly. Simple adjustments by your employer can enable you to return to work safely in order to prevent further sickness absence.
In order to successfully manage your return to work after a period of sickness absence, it is essential to keep the lines of communication open between you and your employer in order to identify how to meet both your needs and the needs within the workplace. Although there is no legal requirement for your employer to provide a return to work policy, it is helpful if there is such a policy setting down expectations, roles and procedures so that everyone is clear about who is reponsible for taking action and what they should be doing.
There are three areas of legislation that are relevant to sickness absence as follows:
You have no statutory right to your normal pay during absence on sick leave, although your employer may agree to pay you during at least a certain amount of time off for illness, or for a proportion of your salary. This may be incorporated in your contract of employment, and the amount of paid time off may be linked to length of service or other factors. Or your employer may make such decisions on a case by case basis.
In any event, Statutory Sick Pay ("SSP") is generally payable to you if you are off sick for four or more days in a row, including weekends and holidays. It is not payable for the first three days in any period of entitlement but thereafter is payable at a flat weekly rate for a maximum of 28 weeks. Your employer must issue you with a form SSPI(T) by the end of the 23rd week to notify you when SSP will be ending. If you are still off work at that point, you may be entitled to incapacity benefit.
Your employer is not entitled to request formal medical evidence (including medical certificates) for the first seven days of your sickness absence, and self-certification by you is all that can be required during those seven days. However, after this initial period, you are required to produce a medical certificate, and if the prognosis is that there is likely to be long term sickness absence, your employer may decide to obtain an independent medical report.
If the sickness absence continues and there is little or no prospect of you returning to work, or if you are off sick on a frequent basis, your employer may decide to take disciplinary action on the grounds of capability. Ultimately, you may be dismissed on the grounds of capability, providing your employer has formed a genuine and reasonably held belief that you are not meeting reasonably required standards. However, your employer must bear in mind the laws relating to disability discrimination.
If you would like more information about your rights when you are off sick, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any sickness absence issues you may have. Please contact us for an initial free consultation.
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