Sickness absence: long term

Day 1 – 7

For the first 7 calendar days, a medical fit note/certificate is not required but should be provided if obtained.

Day 8+

Once the absence has exceeded 7 calendar days, employees are required to promptly provide a medical fit note/certificate, along with subsequent fit notes/certificates as required for the duration of the sickness absence.

Employees should contact their line manager (or sickness coordinator where designated) on the first day of absence to report their sickness absence, advising the reason for their absence, how long they expect to be off work (if known) and indicating any immediate work commitments, for example meetings which need to be rearranged or covered.

It is important that managers maintain regular contact with employees during long term absence to monitor progress and provide/signpost to appropriate support. Employees should keep their manager informed of their progress and share regular updates following medical appointments or treatment. If the employee has been referred to Occupational Health, the employee may also receive regular contact from them.

Employees who are absent long term can reasonably expect their manager to get in touch with them during their usual working pattern to enquire about their wellbeing and enquire whether the University can do anything to support them in their recovery and return to work. This includes providing (or signposting to) additional support as appropriate. 

Long term sickness absence review points

It would usually be appropriate to initiate further action under the informal stages of the Sickness Absence Procedure where an employee’s sickness absence has exceeded 28 calendar days (4 weeks). However, individual circumstances should also be considered and whether there is an objective reason to delay initiating the informal stages of the procedure. For example, in cases where an exceptional circumstance may apply.

Long term sickness absence can be complex and will be a difficult time for the individual. It is important that compassion and consideration is given in these circumstances and whilst following the procedure. Managers should seek further support from the HR Advisor team with individual cases.

Once an absence has reached 28 days, or earlier if the first medical fit note/certificate indicates the absence could be prolonged (examples of this may include stress, depression, back problems or work-related reasons for sickness) a referral to Occupational Health should usually take place following employee consent. The purpose of this is to provide advice and guidance to the manager to help understand the nature, impact, likely duration of the absence and possible adjustments that could support the individual with their return to work. The referral can also provide health information, signposting and guidance to the individual relating to the health condition. It may be beneficial to obtain Occupational Health advice prior to initiating the informal stages of the procedure, as this will help guide the meeting and allow for informed conversations. 

In cases of long term sickness absence and in response to an Occupational Health management referral, Occupational Health will meet with the employee and (with the employees’ consent) provide a report to the line manager and HR Advisor containing the following information:

• providing information and advice on the nature, extent and impact of any health condition in relation to an employee’s contractual duties;
• advising on fitness to work;
• advising on possible adjustments at work for managers to consider;
• providing an opinion on the likely prognosis of the condition;
• providing an opinion on if the employee may meet the criteria of disability under the Equality Act 2010 (although this is a legal decision ultimately);
• providing advice, information and guidance to the employee;
• recommending that the employee approaches Access to Work for additional support, if deemed appropriate.
• where employees do not give consent for Occupational Health to report back to the line manager and HR, and a perceived safety issue exists, OH will provide an opinion on fitness to work only.

Line managers have the option of requesting further information from Occupational Health in management referrals by asking further questions on the referral form (with the employees’ consent). Questions should be directly related to the condition and can be used, for example, if redeployment or ill health retirement is being considered.

If an employee is unable to take their full contractual leave entitlement of either 39 or 41 days within the leave year (January to December) due to long term sickness absence, in accordance with the Conditions of Employment relating to Annual Leave (section 8), untaken occupational annual leave of up to 5 days (pro rata) may be carried forward to the next leave year with the manager's approval. Please note that no payment can be made in lieu of untaken leave due to sickness.

However, any untaken statutory leave may be carried forward (under the Working Time regulations this is 28 days, pro rata for part time employees). Where statutory leave is carried over, there is no provision for any additional contractual leave to also be carried forward (i.e., 5 days to be included in addition to this - see example 2 below).

Statutory/bank holidays and designated closure days at Christmas are not transferable to other dates.  In the event of sickness on any of these days a normal day's salary will be paid (see example 1 below).

Alternatively, employees who are on long term sickness absence may choose to take their statutory paid annual leave during sick leave and receive their normal rate of pay for this (subject to not exceeding contractual leave). This may be beneficial for employees who are on an extended period of long-term sickness absence and have exhausted their sick pay entitlements.

Requests to take paid annual leave during a period of sickness absence must be made in writing to the employee's manager in accordance with the Working Time Regulations (i.e. two days’ notice for each day of leave requested). Sick pay will resume at the end of the period of leave but for the purposes of University Sick Pay allowance under the Conditions of Employment (section 10) the period of absence will be treated as one continuous period of sickness absence.