An employer can dismiss you on the grounds of your ability to do the job because of long term sickness. Before they do this they should follow a fair disciplinary and dismissal process – usually this means following the Acas code.
Does a phased return count as sick leave?
Pay during a phased return to work If the employee returns to their normal duties but on reduced hours, they should get their normal rate of pay for those hours they work. For the time they’re not able to work, they should get sick pay if they’re entitled to it.
What is considered long term sick?
Employees are usually considered to be ‘long-term sick’ when they’ve been off work for four weeks or more. The four weeks don’t have to be continuous — periods can be linked if they last at least four days and are eight weeks apart or less.
What is classed as long-term sick?
Long-term sickness absence is usually defined as a period of continuous absence of more than four weeks. The absence may be due to: an unexpected illness.
When does an employee return to work after long term sickness?
When an employee is returning to work following long-term sickness absence, their line manager should arrange to meet informally with them. Ideally, the return-to-work interview will take place prior to the employee’s return to work, to allow time for any necessary adjustments to be made to the employee’s working arrangements and conditions.
Can an employer dismiss an employee for long term sick leave?
The definition of long-term sickness can vary from employer to employer. Under the Fair Work Act, an employee is protected from dismissal, when on a temporary leave of absence due to illness or injury, for up to three consecutive months or three months over the last twelve months. Can an employer dismiss an employee for long term sickness?
What happens after 3 months of unpaid sick leave?
Took either paid sick leave or unpaid sick leave, or a combination of both, during their absence. After three months of unpaid sick leave, an employee may no longer be protected from dismissal. Of course, you must still follow the appropriate rules to carry out the dismissal, and the employee can still make a claim for unfair dismissal.
Why do employers need a long-term sickness absence policy?
A watertight long-term sickness absence policy can give employees who are off work for an extended period the best chance of returning to work, and reduce the risk of employers facing disability discrimination or unfair dismissal claims. How should employers formulate their long-term sickness absence policy?
