Long term sickness can be a challenging and stressful situation for both employees and employers. When an employee is unable to work due to a prolonged illness or injury, it is crucial for both parties to understand their rights and obligations. In this article, we will discuss the long term sickness employment rights that employees have and how employers can support their employees during this difficult time.
First and foremost, it is important for employees to know that they have certain rights when it comes to long term sickness. The Employment Rights Act 1996 states that employees who are unable to work due to illness or injury have the right to take statutory sick leave. This means that employees are entitled to a certain amount of paid sick leave each year, depending on their length of service with the company. Employers are legally required to pay employees their statutory sick pay (SSP) for up to 28 weeks if they meet certain eligibility criteria.
Employees who are unable to work due to long term sickness may also be entitled to other benefits such as disability benefits or income protection insurance. It is important for employees to check their employment contract and speak to their employer or HR department to understand what benefits they are entitled to during their sickness absence.
In addition to statutory sick pay and other benefits, employees who are on long term sick leave are also protected from unfair treatment or dismissal due to their illness. The Equality Act 2010 protects employees from discrimination based on their physical or mental health condition. This means that employers cannot unfairly dismiss or discriminate against employees because of their long term sickness.
Employers also have certain obligations when it comes to supporting employees who are on long term sick leave. It is important for employers to maintain regular communication with employees who are off sick, to keep them informed of any changes in the company and to show that they care about their well-being. Employers should also conduct regular welfare meetings with employees to discuss their illness, their treatment plan, and their return to work.
Employers should also consider making reasonable adjustments to support employees who are on long term sickness. This could include providing flexible working arrangements, offering workplace adjustments or equipment, or providing access to occupational health services. By making reasonable adjustments, employers can help employees to return to work sooner and to stay in work for longer.
In some cases, employees who are unable to work due to long term sickness may be considered disabled under the Equality Act 2010. This means that employers have a legal duty to make reasonable adjustments to support disabled employees in the workplace. Failure to make reasonable adjustments could result in a discrimination claim against the employer.
Employees who are on long term sick leave may also be eligible for a phased return to work. This means that employees can gradually increase their hours or responsibilities over a period of time, to help them adjust to being back at work. A phased return to work can be beneficial for both the employee and the employer, as it allows the employee to ease back into work without overwhelming themselves, and it allows the employer to monitor the employee’s progress and make any necessary adjustments.
In conclusion, employees who are on long term sickness have certain rights and protections under the law. Employers have a duty to support and accommodate employees who are on long term sick leave, and to make reasonable adjustments to help them return to work. By understanding their rights and obligations, both employees and employers can work together to ensure a smooth and successful return to work for employees who are on long term sick leave.