Navigating an employee’s return to work from sickness absence requires a multitude of considerations on the employers behalf as well as the employee. This blog will cover the legal, medical and practical considerations associated with an employee returning to work from sickness absence and what factors influence whether an employee can return to work before their Fit note expires.
What does it mean to be “signed off sick?”
For absence of more than 7 days from the workplace due to sickness, documentation in the form of a Fit note from a relevant medical professional is required to certify the absence. The absence from the workplace evidenced by this certification is commonly known as being “signed off sick”. A fit note documents the practitioners assessment as to how long they think the employee will be incapacitated for work purposes. But what happens if the employee feels that they are fit to return to work before the date the fit note expires?
Key Considerations
Medical Clearance
Whilst employees can return to work before their Fit note expires, employers do need to be satisfied themselves that the employee is ready to return and that this will not exacerbate the employee’s illness, slow their recovery or put any other employees at risk. In light of this, you may wish to ask their employee to refer your employee to Occupational Health or request that they revisit a healthcare practitioner for advice on an early return and any necessary adjustments/support to do so.
Risk Assessments
Employers have a duty of care to their employees, which includes providing a safe work environment. Employers should undertake a risk assessment in relation to the employee’s potential return to work considering and documenting any steps needed to mitigate any risks to returning to work and including implementation of any reasonable adjustments and support given in Medical advice.
Employee’s Responsibilities
Employees also have responsibilities when returning to work. They must communicate openly with their employer about their readiness to return and any limitations they may still have.
Phased Return to Work
A phased return can be a practical solution for employees recovering from illness or injury. This approach allows the employee to gradually increase their hours and workload, helping them adjust back to the work environment without overwhelming themselves. Employers should consider this option and work closely with the employee to develop a suitable plan.
Legal Implications
Both parties should be aware of the legal implications of returning to work prematurely. For instance, if an employee returns to work against medical advice and suffers a relapse or aggravation of their condition, this could lead to legal complications. Similarly, if an employer pressures an employee to return before they are fit, it could be considered a breach of duty of care.
Practical Steps for a Successful Return
Communication: Clear communication between the employee, employer, and healthcare provider is essential. Regular updates on the employee’s condition and readiness to return can help manage expectations and prepare for any necessary adjustments. It is also really important to document any conversations you have with the employee and make a record of any decision-making process for future reference.
Workplace Adjustments: Depending on the nature of the employee’s illness or injury, adjustments may be needed in the workplace. This could include modified duties, altered working hours, or changes to the physical workspace. Employers should be open to discussing these changes and implementing them where reasonable.
Monitoring and Support: Upon returning to work, employees may still need support to fully recover. Regular check-ins with the employee can help identify any ongoing issues and ensure they feel supported. Employers should also be mindful of the potential need for further medical assessments or adjustments.
Returning to work after being signed off sick is a process that requires careful consideration of medical advice, legal obligations, and the well-being of the employee. By prioritising open communication, respecting medical recommendations, and being flexible with workplace adjustments, both employees and employers can facilitate a successful transition back to work before the Fit note expires. Employers must remember that the ultimate goal is to support the employee’s health and recovery while maintaining a productive and safe workplace.
If you need help HR Support to navigate employee sickness absence Contact us today at info@saxonhrconsultancy.co.uk or call 01795 390010.
