Managing Sickness Absence and Returning to Work: A Guide for Employers

Sickness absence is a fact of working life, but the way it is managed makes a real difference, to the employee, to the wider team and to the employer’s legal risk. With significant changes to sick pay now in force, it is a good time to review how your organisation handles absence and supports people back to work.

Every employer will, at some point, need to manage an employee who is unwell. Short-term absences are usually straightforward. Longer or more frequent absences, however, raise more difficult questions: how much contact is appropriate, when to seek medical advice, what adjustments might be needed and, ultimately, whether the employment can continue.

Handled well, absence management protects the business while treating the employee with fairness and compassion. Handled poorly, it can lead to grievances, disability discrimination claims and unfair dismissal claims. As our recent article on AI-written grievances explains, the pressure on employers to get these processes right is only increasing. This guide sets out the key points for employers to consider.

Statutory Sick Pay changes from April 2026: what employers need to know

From 6 April 2026, the rules on Statutory Sick Pay (SSP) changed under the Employment Rights Act 2025:

• SSP is now payable from the first day of sickness absence, rather than from the fourth day
• The lower earnings limit has been removed, so all employees are eligible regardless of how much they earn
• SSP is paid at the lower of the flat weekly rate or 80% of the employee’s average weekly earnings
• SSP remains payable for up to 28 weeks

Employers should check that contracts, handbooks and absence policies no longer refer to “waiting days” or an earnings threshold, and that payroll is applying the new calculation correctly. Where a company sick pay scheme is offered, its terms should be reviewed to ensure they are clear and applied consistently. For a wider view of what changed this year and what is still to come, see our summary of the key employment law changes from April 2026.

Absence reporting, self-certification and fit notes

A clear absence reporting procedure helps everyone. Employees should know who to contact, by when and how, and managers should know what to do with that information.

Employees can self-certify for the first seven days of absence. After that, a fit note from a doctor or other registered healthcare professional is normally required. A fit note will state either that the employee is “not fit for work” or that they “may be fit for work” with adjustments. The second category is often overlooked: it is an invitation to discuss whether a return could be supported with changes such as reduced hours, altered duties or a phased return.

Keeping in touch with an employee on sick leave

Employers sometimes worry that contacting an absent employee will be seen as harassment. In fact, a complete lack of contact is more likely to cause problems, leaving the employee feeling forgotten and making an eventual return harder.

Good practice is to:

• Agree with the employee how and how often you will keep in touch
• Keep conversations supportive rather than focused on when they will be back
• Share relevant workplace news so they do not feel excluded
• Make a note of each contact

Contact should be about the employee’s wellbeing and how the organisation can help, not about pressure to return.

When to use occupational health for sickness absence

For longer absences, or where the picture is unclear, an occupational health assessment can be invaluable. It can help to establish:

• The nature of the condition and its likely duration
• Whether the employee is likely to be able to return, and when
• What adjustments might support a return
• Whether the condition is likely to amount to a disability

Employers will need the employee’s consent to obtain a medical report, and should be clear with the employee about the questions being asked and how the information will be used.

Disability, reasonable adjustments and sickness absence

Where an employee’s condition amounts to a disability under the Equality Act 2010, that is, a physical or mental impairment with a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities, the employer has a legal duty to make reasonable adjustments.

In the context of sickness absence, reasonable adjustments might include:

• A phased return to work
• Changes to hours, duties or location
• Adjusted absence triggers under a capability or attendance policy
• Additional breaks or time off for treatment
• Equipment, software or workplace changes

Employers should also be alert to “discrimination arising from disability”, which can occur where an employee is treated unfavourably because of something connected to their disability, such as disability-related absence, without that treatment being justified. Applying an absence policy rigidly, without considering the reasons behind the absence, is a common cause of claims.

Adjustments are not only relevant to physical conditions. Our article on ADHD at work and what good employer support looks like gives a practical example of how the duty applies to a condition that is not always visible.

How to plan a return to work after sickness absence

A successful return starts before the first day back. Consider:

• A return-to-work meeting - a short, informal conversation to welcome the employee back, check how they are and discuss any support needed
• A phased return - gradually increasing hours or duties over an agreed period, which can be particularly helpful after a long absence
• Adjustments and follow-up - agreeing any changes in writing and setting a date to review how things are going
• Managing the team - briefing colleagues appropriately (with the employee’s agreement and without breaching confidentiality) so that the returning employee is supported rather than overloaded
• Ongoing support - signposting to an employee assistance programme, mental health first aiders or other resources where available

Return-to-work meetings should be held after every absence, not just long ones. They are one of the most effective tools for identifying underlying issues early.

Managing frequent short-term sickness absence

Persistent short-term absence can be as disruptive as a single long absence and can be harder to address. A clear attendance policy with defined trigger points helps, provided it is applied fairly and with proper regard to any underlying health condition or disability.

Before moving to formal action, employers should look for patterns, ask about causes and consider whether support or adjustments would help. Formal warnings should only follow a fair process in which the employee has had the opportunity to explain and respond.

Long-term sickness absence: when a return to work is not possible

In some cases, an employee will not be able to return to work in the foreseeable future. Dismissal on grounds of capability may ultimately be an option, but only after a fair process that includes:

• Up-to-date medical evidence
• Proper consultation with the employee
• Consideration of reasonable adjustments and alternative roles
• Consideration of any ill-health retirement or permanent health insurance benefits
• A right of appeal

Employers should also bear in mind that from 1 January 2027 the qualifying period for ordinary unfair dismissal is due to be reduced from two years to six months, and the cap on compensation is to be removed. Following a fair procedure will become even more important, since Employment Tribunals examine both the reason for dismissal and the procedure followed before making the decision to dismiss.

Why a supportive approach to absence reduces legal risk

The employers who manage absence most successfully are those who treat it as a wellbeing issue first and a formal capability issue only where genuinely necessary. Clear policies, trained managers, early conversations and a willingness to make sensible adjustments not only reduce legal risk but also help people return to work sooner and stay well.

Speak to our employment law solicitors in Eastbourne, Bexhill-on-Sea and Hastings

Whether you are dealing with a long-term absence, reviewing your policies in light of the new sick pay rules or considering a capability process, our employment law solicitors advise employers across East Sussex on handling sickness absence fairly, supportively and in line with the law. We can review your absence and sick pay policies, advise on individual cases and guide you through occupational health referrals, reasonable adjustments and capability procedures.

To discuss your situation, call us on 01323 644222, email enquiries@stephenrimmer.com or book a free initial 30-minute consultation.

Disclaimer: The content of this website blog is for general awareness and insight. This is not legal or professional advice and readers should not act upon the information provided, they should seek professional advice based on their own particular circumstances. The law may have changed since this article was published.

FAQs: Managing Sickness Absence and Returning to Work

When does Statutory Sick Pay start?

Since 6 April 2026, SSP is payable from the first day of sickness absence. The previous three “waiting days” no longer apply.

Can I contact an employee while they are off sick?

Yes. Reasonable, supportive contact is good practice and is expected as part of managing absence fairly. Agree the frequency and method of contact with the employee wherever possible.

Do I have to offer a phased return to work?

Not automatically, but a phased return is often a reasonable adjustment where the employee has a disability, and it is frequently recommended in fit notes and occupational health reports. Refusing without good reason can create legal risk.

Can an employee be dismissed for long-term sickness?

Potentially, on grounds of capability, but only after a fair process that includes medical evidence, consultation, consideration of adjustments and alternatives, and a right of appeal.